NCJ Number
153454
Journal
Journal of Crime and Justice Volume: 17 Issue: 2 Dated: (1994) Pages: 107-131
Date Published
1994
Length
25 pages
Annotation
Pregnant women have been charged with various crimes, including criminal neglect, child abuse, providing drugs to a minor, and assault with a deadly weapon, but prosecutions for these crimes raise legal, ethical, and sociological issues.
Abstract
During the late 1980's, government attempts to impose social restrictions on women on the basis of pregnancy were particularly prevalent in the context of drug use by pregnant women. Women who used drugs during pregnancy and delivered drug-exposed babies were charged with a variety of crimes under unprecedented interpretations of child abuse and drug trafficking statutes. An analysis of the prosecutorial response to pregnant drug addicts indicates the status of pregnancy has changed in American society. Behaviors during pregnancy that were once defined as sinful or immoral have been given criminal meanings. By taking the route of criminalization, prosecutors have attempted to make the status of pregnant drug addicts a crime subject to punishment. The author contends that such prosecutions create more harm than good. Criminal prosecution for fetal abuse violates important constitutional rights of the mother and does not promote the child's well-being. In addition, criminal sanctions do not deter drug abuse because the pregnant drug abuser cannot control her behavior without professional help. Further, the behavior of pregnant drug addicts is involuntary, and involuntary behavior typically does not justify punishment. The problem posed by pregnant drug abusers should be viewed as a medical rather than as a criminal justice issue. 41 references and 2 endnotes