Crack Babies Research Paper

During 1984 through 1994, 10 years into The Crack Epidemic, the homicide rate of African American males aged 14-17 doubled. Along with an increase of African American children in foster care, fetal death rates and weapon arrests. Roles lost in families and the community. Health and lifestyle of the African American communities depleting due to the powerful affects of crack cocaine. The African American community has been significantly affected by The Crack Epidemic in the areas of health and culture as a result of where the source of crack cocaine introduced itself in America, laws surrounding crack cocaine and the perception of the drug.

The California Court of Appeal found the warrantless search was justified by Rojas’s written and verbal consent. The court agreed with the majority of the federal circuits, in that, this case was “indispensable to the decision in Randolph.” The decision was ultimately concluded that a tenant’s objection has no force if he or she is not physically present. Therefore held, the warrantless search was lawful because Rojas; a co-tenant, consented. Fernandez was denied review in the California Court of Appeal, however certiorari was granted.

Another case that establishes the premise for determining the validity of the search includes United States v. Matlock. The question before the Court in Matlock was whether the third party's consent for the police to search the defendant's house was "legally sufficient" to render the evidence admissible at trial. Police officers arrested the defendant in his front yard, but did not request his permission to search the house. Instead, some of the police officers approached the house and requested permission to search from Mrs. Graff, who lived in the house with defendant. Mrs. Graff consented to the search and the officers found nearly $5,000 in cash in a closet. Both the district court and the court of appeals excluded the evidence from the trial, finding that Mrs. Graff did not have the authority to consent to the search. The Supreme Court granted certiorari to settle this evidentiary issue. Justice White, for the Court, espoused the

Ferguson v. City of Charleston, 532 U.S 67 is a case that began Oct 4, 2000 and was decided March 21, 2001. This case involved the constitutionality of drug testing pregnant women. The case began when “a state hospital’s performance of a diagnostic test to obtain evidence of a patient’s criminal conduct for law enforcement purposes is an unreasonable search if the patient has not consented to the procedure” (FERGUSON v. CHARLESTON 2001). This lead to the reviewing of MUSC policies, which lead to discovery of POLICY M–7, which involves the “Management of Drug Abuse during Pregnancy.” This policy made it possible for law enforcement to become involved if a pregnant mother tested positive for cocaine. As a result, these drug testing lead to discussion

Crack users range from the Wall Street stockbroker to a homeless person living in Central Park, but by and large this evil drug called crack had its biggest impact on New York’s inner city minority population. A New York doctor, Dr. Mark Gold who is the person who set up and helps run the not for profit organization called 800-COCAINE, a hotline set up to help addicts and perspective users answer questions about the drug and also offers counseling and drug intervention services; suggested that his findings showed that, “occasional users of crack quickly increased, the amount and frequency of crack use until total dependency was achieved.” Men and women who were once law abiding citizens and honest people were now robbing and stealing to pay for the drug, and many who once enjoyed good health were now suffering from a variety of physical and mental aliments springing from their cocaine abuse. Crack brings along with its amazing high, some ominous dangers. Dr. Robert Maslansky is the director of New York City’s Bellevue Hospital

PORTLAND, Oregon- “I was terrified,” plaintiff Dr. Warren Martin Hern stated as he heard he was on the “Deadly Dozen, GUILTY” poster. The first amendment has been strained throughout this case for the reasons of the unknown. The major question in the Planned Parenthood of the Columbia/Willamette, Inc. v. ACLA case is “what defines a true threat?”

When assessing Fourth Amendment challenges to blood and DNA extraction and evaluation, Samson v. California remains essential to understand the evolution of the Fourth Amendment. In Samson v. California, a law enforcement officer, familiar with a defendant’s parole status from a prior encounter, searched a man without a warrant. The officer soon discovered methamphetamine concealed in a cigarette box while searching the parolee’s car. The officer convicted Samson, the parolee, with drug possession charges. In argument, Samson insisted the drugs were inadmissible as evidence, furthermore the search had violated his Fourth Amendment rights and violated his right to privacy. Samson v. California reached the Supreme Court to decide whether the Fourth Amendment prohibits police from conducting a warrantless search of a person who was

Tennessee passed a new law that any pregnant women who has been found using narcotics during pregnancy or if the baby is born being addicted to the drug will be arrested. Tennessee is the first state to allow this type of criminal law to go into place. Tennessee law allowed police to arrest women who used drugs when they were pregnant, but this approach never worked (Perez, 2014). Tennesee has a staggering infant mortality rate which ranks among 3rd in the nation (Sakuma, 2013). In 2013, Tennesee lawmakers actually sought to encourage mothers to get treatment under the Safe Harbor Act. The act let mothers get the help they need for the addiction, but they were promised they would not lose custody of their baby so long as they were seeking treatment (Sakuma, 2014). The new law permits moms to avoid prosecution if they can successfully complete their drug rehabilitation program (Sakuma,

The term epidemic is typically used in relation to the spread of a disease however; in the mid 1980’s this term was attached to crack cocaine. The crack cocaine epidemic described the impact of a newly created drug on most U.S. cities in the northeast and Mid Atlantic. Washington, D.C. provided the perfect setting for crack cocaine to flourish. Plenty of low-income inner city housing projects complete with open air drug markets labeled D.C. as a leading U.S. city with a major crack cocaine problem. As crack cocaine became a national talking point the federal government stepped in to curb its use. Congress along

363). Kennedy (1998) further suggested that Roberts failed to explain why there was a difference between prosecuting women for fetal endangerment and helping women to heave healthy pregnancies. Roberts (1991) noted the debate of this issue has overlooked a critical aspect of government prosecution of drug addicted mothers. Roberts (1991) concludes by advocating a progressive concept of privacy that places an affirmative obligation of the government to guarantee individual rights and recognizes the connection between the rights of privacy and racial

The data showed that between 2009 and 2010, 16.2 percent of women between the ages of 15-17 years old, 7.4 percent of women between the ages of 18-25 years old, and 1.9 percent of women between the ages of 26-44 years old had used illicit drugs while pregnant. The data also showed substance abuse during pregnancy among different ethnic and racial groups. African Americans had the highest percentage in 2010 at 10.7 percent. The next highest was the White population at 9.1 percent. Hispanics or Latino’s percentage was 8.1 percent and the Asian population had the lowest percentage at 3.5 percent (“Results from”, 2011).

The question about whether pregnant women are liable for subjecting their unborn children to risk has yet to be properly addressed. One state South Carolina has been on the forefront of this issue. The Supreme Court in South Carolina in 1997 in the case Whitner vs. South Carolina decided that pregnant women who exposed their viable fetuses may be persecuted under the state child abuse laws. This action was specifically targeting women who use illegal drugs during pregnancy. Since this decision, other states like Arizona and Florida are following suit. In South Carolina, the Medical University of South Carolina Hospital routinely tested the urine of pregnant women for

“Crack-babies” a media induced phenomena brought about by the climax of public outcry from the results of the 1980’s war on drugs. This term laid the foundation for biased prosecutions which sparked a political crusade during climate of the time. Thus exploiting the public’s fear of children born to substance addicted mother and creating a firestorm of litigation to prosecute pregnant drug addicts. According to Flavin, Paltrow (2010), current evidence points to public stigmas and prejudice as posing a greater danger to both maternal and fetal health than use of the drug itself. Leaving the question as to why addicted women are still publicly reviled for the outcomes of their circumstances. From this abhorrence stems the likelihood that

New Tennessee law that criminalizes mothers for using drugs while being pregnant. A mother became the first women to be arrested and charged for breaking the new Tennessee law that criminilizes mothers for using drugs while being pregnant. She admitted to smoking meth just a few days before giving birth, both her and her baby tested positive for methamphatamine. State senator, Mike Bell states why he noted against the measure, “I represent a rural district…there’s no treatment facility for these women there, and it would be a substantial drive for a woman caught in one of these situations to go to an approved treatment facility. Looking at the map of the state, there are several areas where this is going to be a problem. “Dorothy Roberts from

In the Fourth Amendment it states that the rights of the people are to be secured in their persons, houses, papers and effects, against unreasonable searches and seizure. The people who are doing the testing have no right to invade the bodies of high