Cardozo Journal of Equal Rights & Social Justice
Abstract
The note advocates for expanding Prison Nursery Programs (PNPs) to include mothers who gave birth up to twelve months before incarceration, arguing that the current eligibility criteria, which exclude these mothers, violate the Equal Protection Clause of the Fourteenth Amendment. The author contends that these mothers are similarly situated to those who give birth while incarcerated and should be afforded the same opportunities to participate in PNPs, which promote maternal-infant bonding, reduce recidivism, and support child custody retention.
Disciplines
Comparative and Foreign Law | Law | Law and Gender
Recommended Citation
Lion Song,
A Constitutional Analysis of a Proposal to Expand the Prison Nursery Programs,
27
Cardozo J. Equal Rts. & Soc. Just.
171
(2020).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol27/iss1/10