Illinois does not prosecute pregnant women who abuse illicit drugs. As an alternative to prosecution, Illinois has established a statue around education and treatment. That statue requires public health departments to conduct education programs to inform pregnant women of medical consequences of alcohol, drug and tobacco abuse. (Lisko, 1998) The State of Illinois also has rules around health care workers reporting the abuse to welfare agencies, which can result in child custody consequences for the mother. The clear and obvious advantage to incarcerating a pregnant woman who abuses drugs or alcohol is that the abuse will stop. This could prevent a child from being born addicted to drugs or with birth defects. Another advantage is that prisons are required to provide prenatal care to pregnant inmates. Incarceration of drug addicted pregnant women will ensure they receive the proper prenatal care. …show more content…
In most cases, a woman who has abused drugs during her pregnancy has already caused damage to the unborn fetus, locking her up does not reverse the effects of the damage. Additionally, incarceration doesn’t address the root cause of the problem, which is addiction. Another disadvantage is that pregnant women who are addicted to drugs or alcohol may not seek treatment out of shame or fear that if they disclose their addiction to a health care provider it may land them in jail or possibly lose custody of unborn child. According to American College of Obstetrics and Gynecology, threats of arrest, incarceration or mandatory rehabilitation haven’t reduced the rate of substance abuse during pregnancy, but they may discourage pregnant women from getting the prenatal care that their babies need. (Rehabs.com,
The use of heroin, cocaine, and other illicit drugs has become a public health concern especially during pregnancy. Maternal substance abuse has become an issue during the crack epidemic in the 1980’s; however, there is an alarm rate of infants born addicted to heroin. More than 3.7% women have indicated the uses some form of illicit drugs during their pregnancy, as well as 1.9 % reports binge drinking (Bhuvaneswar el at., 2008; Grant el at., 2009). With this in mind, more than 375,000 infants are born to maternal substance abusers each year costing over $100,000 in medical expenses covered by the state (Reitman, 2002).
Drug and alcohol addictions are illnesses that require some type of effective treatment to overcome them. I believe that women don’t intentionally expose their fetuses to drug or alcohol abuse, but if it happens, I believe the problem needs to be identified and addressed immediately because obviously there is a problem. In my opinion, I believe that women should be punished for exposing their fetuses to drug and alcohol abuse. The fetuses are innocent and shouldn’t have to suffer on the ignorance of their mother. I think that treatment should be offered and monitored frequently. If the program is not followed by the pregnant woman, then she should not be allowed the opportunity to raise the child until she has proven that she will provide a
When women conceive a baby, immediately, thousands of responsibilities are placed in her hands. Whether you want to have a human being to take care of or not, you will, with no other choice. Say, a women becomes pregnant and truthfully cannot afford a child, that situation does not matter. If living on the streets is necessary, then she should take the initiative and do so. If drugs are merely
Substance abuse during pregnancy can have a negative force on the health and wellness of not only the fetus, but that of the mother. The harmful effects of medications, alcohol and illegal drugs on an unborn child can be devastating and can have significant consequences to its use. Sometimes the effects can be faced and treated, and other times the outcome is a lifelong challenge. During the prenatal period, it is important that new mothers are informed of the different types of abuse, how they may affect the fetus, and the adverse conditions their child may be faced with before and after birth.
It is my opinion that punishing these women for addictive behavior is not the answer, especially when considering the severe overcrowding of the prison system nationwide and the strain on the economy already caused by this. My own view is that addiction not a crime, but is a disease and needs to be treated as such. These women don’t become pregnant and then become addicts, but they are addicts who become pregnant. The American Public Health Association, the American Academy of Pediatrics, the March of Dimes and the American Medical Association, -- are all against punishing addicted pregnant women. Treating addicted, pregnant women and their babies can create many complicated issues, both legally and ethically. In states where reporting the drug use of the pregnant woman is mandated, many are concerned about the significant negative outcome that might be
Through the years, substance misuse in the United States has turned into an industrious issue influencing numerous people. In 2008, it was assessed that 17.8 million Americans beyond 18 years old where substance subordinate. Women who use medications during pregnancy can have an enduring impact on fetal. Medications can have an impact of maternal and child wellbeing, yet there are a lot of different variables, which influence it, poor social environment, nourishment, cleanliness, and sexual abuse. Regenerative interruption connected with heroin utilization has been shown in both and women and even low dosages of opiates can impede ordinary ovarian capacity and ovulation. The harm that goes hand in hand with substance utilization comes either straightforwardly from the impact of the medication itself or from issues identified with development and/or unexpected labor. The entanglements of jumbling components clamorous way of life, poor nourishment, liquor utilization and cigarette smoking influence the appraisal of the impacts of cocaine in pregnancy. In obstetric practice, 100% of pregnant women utilizing cocaine or heroin are cigarette smokers. Cigarette smoking is presumably the most well known manifestation of substance utilizes and is noteworthy corresponding considering ladies who use unlawful medications. Babies whose moms smoked in pregnancy have a tendency to have lower conception weights and diminished length, cranial and thoracic
The use of controlled substances throughout pregnancy is a very prevalent issue among society today. Controlled substances have devastating effects on not only the mothers using the substances, but also infants while they are in utero and after they are born. Many infants born to mothers, who are abusing drugs, suffer from life threatening illnesses and are forever affected through adulthood. Specifically, heroin is a common drug form that is often used during pregnancy and results in the life threatening effects mentioned above.
The U.S. Supreme Court has upheld in the past that a person cannot be prosecuted for being a drug addict. People can be prosecuted for the sale or possession of an illegal drug but prosecuting someone for the illness of drug addiction is a breach of the 8th Amendment’s bar on cruel punishment. Usually cases involving pregnant drug-addicted women arise when a doctor reports that a woman tested positive or appears to have a drug problem. Rarely are there cases where the woman is arrested for possession and then charged with child abuse. For example, if I told my doctor I had a drug addiction, I wouldn’t get reported. Just as
In a country where there are more jails than colleges and a total incarceration population of 2.3 million and eighteen percent being female, it is no surprise that there are roughly 2,000 babies born to female inmates annually. At any given time, between eight and ten percent of the females incarcerated in the United States are pregnant. Currently, only ten states allow a mother to remain with her child after giving birth. For the other mothers, they are to give the baby to a reliable family member within 48 hours otherwise it will be placed in foster care. The current number of women in prison is at an all time high, and while the number for pregnant incarcerated females continues to grow, there is still limited medical treatment for mothers
In today’s society people are talking about babies being born to drugs, and how could a mother do that to their unborn child. Drug addiction is a very serious issue that needs more research. We are still learning the effects of substance abuse. One problem that needs to be looked at is are there enough Rehabilitation Centers, to help the women who are addicted to these different street drugs. Also doctor and nurses should not judge these women but instead give them the best prenatal care that can be provided. We need to see what harm and side affects it has on the mother and baby, so that we can be able to understand better how to treat these women and get them off drugs before they do harm their babies.
In the United States, there has been a growing concern for the number of newborn children that have been exposed to drugs while in utero. The defenseless fetus is subject to any and all substances that the mother ingests, injects, or inhales into her body. Significantly decreased gestational ages as well as low birth weight have been linked to infants that have been born to mothers who are engaging in substance abuse. Marijuana, cocaine, cigarettes, methamphetamine, heroin, and alcohol are some of the more widely abused substances among pregnant mothers (Bailey, McCook, Hodge, & McGrady, 2012).
The American Medical Association and other leading medical groups have concluded that drugs and alcohol addictions are diseases that should be treated not punished. Federal and states experts have concluded that there is no evidence that the threat of jail succeeds in reducing drug use and improve birth outcomes. Instead, there is evidence that it frightens women away from prenatal care and drug treatment that can be helpful for these women and their future babies.
The rationality of those who support the punishment of addicted mothers focus on the idea that maternal conduct could lead to potential detrimental effects upon the fetus and that prosecution of such behavior would serve as both retribution for the fetus and as a deterrent. Whereas those who advocate for the pregnant women view this rational as not only impermissible but also unconstitutional as in current legal standing the fetus has no rights that usurp those of the pregnant woman (Stone-Manista, 2009, pp.823-856). Advocates also suggests that the breadth of forces that lead to drug use in pregnant women have a prevalent cultural and social foundation that the proponents for deterrence and retribution ignore in favor of strict scrutiny. This conflict between women’s rights and fetal rights has caused a paradigm in the prosecution of pregnant drug users as the interpretation of criminal sanctions argues over the definition of ‘child’ as encompassing fetuses in the definition would then lay the foundation for punishment for a woman’s conduct during pregnancy (Stone-Magnets, 2009, pp.823-856). Though currently it is unconstitutional and legally impermissible to prosecute women with state child abuse statutes in regards to drug use during pregnancy; advocates of fetal rights continue to follow
Most people feel that drug addiction is a choice, and a mother using during pregnancy has a total disregard for her baby’s well-being, lack of love for the baby, moreover, she is a poor parent. Additionally, the mother realizes her situation is dire, however, she continues using having full knowledge, and there are serious medical risk factors for herself and the baby.
Many women, including teens, abuse drugs while they are pregnant. This rate is especially high to those who are homeless, underprivileged, or live in a broken home. In order for drug abusers to even have a chance at beating their addiction they have to have support whether it’s family, friends, or boyfriend/spouse. They must also let the abuser now all the consequences to themselves and the unborn child. There are many consequences when using drugs during pregnancy such as miscarriage, health risks to baby, and health risks to the mother. And learning disabilities and brain damage to the fetus.