NCJ Number
157365
Journal
CJPR Volume: 5 Issue: 2 Dated: (1991) Pages: 79-99
Date Published
1991
Length
21 pages
Annotation
This article examines the government response to drug-abusing pregnant women, and various proposals for compulsory treatment laws.
Abstract
The authors discuss the effects of fetal exposure to illicit drugs, and other prenatal dangers facing infants in the U.S., including tobacco and alcohol use, prenatal exposure to lead, and the lack of adequate prenatal care. However, the Federal Government has done little to ensure equal access to prenatal care for all women. For the most part, the government has dealt with pregnant women through narcotics laws, criminalization laws, and informant laws; the fourth option now considered involves compulsory drug treatment. Legal issues related to compulsory treatment are discussed here, including the rights of the fetus and the mother in criminal and tort law, mens rea, and equal protection under the law. The authors argue that compulsory treatment for pregnant substance abusers is inappropriate because it singles out female drug abusers for special sanctions solely because of their procreative abilities. 47 references