The Forgotten Victims: A Case for Children’s Compensation Amidst Parental Wrongful Incarceration

Authors

Mackenzie Crabbe

Abstract

Wrongful incarceration is a tragedy that occurs far more often than most would care to admit. However, it is not only the wrongfully convicted person who suffers from this phenomenon. Most innocent people who are incarcerated have a family who is then affected and suffers immensely. Many wrongfully incarcerated individuals have children who then grow up without their parents, or with a significant barrier hindering their relationship with their parents. Typically, incarceration, and the separation of families that comes along with it, is justified by the need to regulate crime and keep communities safe. How[1]ever, when innocent people are serving prison sentences, none of these needs are served. The right to family integrity is a constitutional right protecting families from unnecessary government intrusion. 42 U.S.C. § 1983 is an avenue which enables many individuals to receive compensation for a violation of constitutional rights, such as the right to family integrity. Even though wrongful incarceration is often brought about by state action, most courts deny compensation to children who have suffered greatly after parental wrongful incarceration. This Note argues that children of wrongfully incarcerated parents should be able to receive compensation under 42 U.S.C. § 1983; these children have suffered a violation of their constitutional rights, and it is the duty of the government that wrongfully incarcerated their parents to provide a remedy.

Recommended Citation

Crabbe, Mackenzie (2025) "The Forgotten Victims: A Case for Children’s Compensation Amidst Parental Wrongful Incarceration," Touro Law Review: Vol. 40: No. 4, Article 11.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol40/iss4/11