Prosecution of the Pregnant Addict: Does the Cruel and Unusual Punishment Clause Apply?

• NCJ Number: 129125
• Journal: Criminal Law Bulletin Volume: 27 Issue: 2 Dated: (March-April 1991) Pages: 99-113
• Author(s): R Batey; S A Garcia
• Date Published: 1991
• Length: 15 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

While prosecutors have begun an increasing pattern of prosecuting pregnant drug addicts on charges relating to fetal or child neglect or abuse, the eighth amendment's cruel and unusual punishment clause should prevent punishment for conduct that is an inevitable result of drug addiction.

Abstract

The two Supreme Court cases considered in this argument are Robinson v. California and Powell v. Texas which found that States cannot criminalize an offender's status, i.e., drug addiction, and that punishment of involuntary behavior is unconstitutional, respectively. The authors maintain that, despite misreadings of these cases by lower courts, the constitutional decisions forbid criminal penalties against pregnant addicts. However, they note that the cruel and unusual punishment clause would not limit noncriminal means of dealing with the problem of pregnant addicts. 80 notes (Author abstract modified)