NCJ Number
137470
Date Published
1992
Length
44 pages
Annotation
The 11 main arguments for and against the prosecution of pregnant drug abusers are presented together with data regarding the extent of maternal drug abuse and its relationship to child abuse and neglect.
Abstract
Opponents of prosecution argue that it means incarceration and therefore no treatment, that addiction is a disease and not a crime, that treatment must be voluntary to be effective, that fear of prosecution will cause women to avoid seeking prenatal care, and that prosecuting drug use during pregnancy could lead to government controls over all behavior that could harm the fetus. The analysis concludes that prosecutors are unlikely to adopt any single approach to maternal drug abuse, but that other options are available, given the major extent and impacts of the problem. Therefore, prosecutorial involvement could include support for educational efforts and advocacy for comprehensive drug treatment, efforts for current offenders who are parents, advocacy for increased penalties for offenders who supply drugs to pregnant women or child caretakers, and encouragement of abstinence and treatment by carefully considering the use of the criminal justice system in appropriate individual circumstances. Footnotes and appended program descriptions and list of organizations opposing prosecution