NCJ Number
138403
Journal
Trial Volume: 28 Issue: 5 Dated: (May 1992) Pages: 11-14
Date Published
1992
Length
4 pages
Annotation
Judges in two State appellate courts have held that pregnant women who abuse drugs cannot be prosecuted for endangering their fetuses, at least not until those States pass laws specifically outlawing prenatal drug use.
Abstract
While the central issue in these cases is how the State should respond to the problem of drug-exposed babies, the cases also involve questions of fetal rights, with implications for the legal status of abortion. About 100 women in 23 States have been charged with various offenses, including child abuse, child neglect, delivery of drugs to a minor, and assault with a deadly weapon. Advocates for these women have argued that those laws were never meant to punish women for their behavior while pregnant, charging that such prosecutions violate a pregnant woman's due process, equal protection, and privacy rights. While most women have pleaded guilty or plea bargained to lesser charges, when they do challenge the prosecution, charges are usually dropped. At least seven States have tried unsuccessfully to pass laws that would criminalize prenatal drug abuse.