Fetal Assault Law

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).

In the late 1980’s and early 1990’s, drug use became a major concern for most Americans. As the War on Drugs and “Just Say No” campaign were being thrust into the spotlight by the government and media, the public became more aware of the scope of drug use and abuse in this country. The federal and states’ governments quickly responded by creating and implementing more harsh and punitive punishments for drug offenses. Most of these laws have either remained unchanged or become stricter in the years since then.

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

Drug-addicted women are the stakeholders in this dilemma. Drug-addicted or former drug-addicted women are being pressured into thinking that controlling their fertility is the only way in which to not be considered a horrible person or bad mothers. No one should be allowed to try to persuade women to give up their reproductive rights. Just because some women choose to use drugs or alcohol does not mean that they are not responsible enough to make proper health or parenting decisions on their own, they especially do not need monetary incentives to make sound decisions. “Evidence suggests that women who use drugs do not need to be paid to limit or end their fertility” (Olsen, 2014). Preferably, programs should try to minimize the barriers that these women have to face in order to obtain information. Organizations should be non-discriminating and non judgmental towards women’s reproductive health.

In the 80s Boston, as well as other cities, experienced a drug epidemic. The drug was called crack and it affect the city of Boston badly. A nurse named Fulani Haynes at Boston Medical Center was working during the crack epidemic. She explains how to care for babies who were born addicted to drugs that passed from a mother’s bloodstream through the placenta and into a tiny body. “The babies couldn’t tolerate being held or rocked, she recalled. They wailed at the sound of soft lullabies. Only complete darkness, silence, tight swaddling, and medication could soothe them.” This drug has nothing to do with heroin but it shows the people of Boston that if the heroin addiction continues to spread, more and more children will be born addicts and

Since the 1980’s, debate about how society should deal with the problem of criminalizing pregnant women who abuse drugs or alcohol has become a nationwide issue. Many states argue that the primary concern is making sure women have healthy pregnancies and healthy children. However, policies that threaten women with criminal prosecution and the potential loss of parental rights drive women away from pregnancy-related care. Constitutionally, enacting states to create these laws is unsound and places women in situations of risk. Less than a week ago a bill was sent to the governor of Tennessee after being approved by both the house and the senate, that would allow for women to be prosecuted if she takes an illegal drugs while pregnant. Although this bill is made to seem like it is promoting healthy pregnancies, many groups are urging the governor to veto it.

There are many differing viewpoints in the United States when dealing with drug policy. Within the political arena, drug policy is a platform that many politicians base their entire campaigns upon, thus showing its importance to our society in general. Some of these modes within which drug policy is studied are in terms of harm reduction, and supply reduction. When studying the harmful effects of drugs, we must first to attempt to determine if drug abuse harms on an individual level of if it is a major cause of many societal problems that we face today. In drawing a preliminary conclusion to this question we are then able to outline the avenues of approach in dealing

The concern is not being placed on the woman, but rather on the result of her biological process: her “baby”, with its potential to be born “normal”, if only the circumstances of its mother are controlled to allow for the possibility of normalcy. Recently, an addicted woman in New York, who had engaged in sex work in the past was told by a family court judge “not to get pregnant again until she has gained custody of her son”. This case adds to the legitimacy to Knight’s writing and highlights the continued need for addressing addicted pregnant women (FOX News, 2017; Weed, 2017). This particular case is addressed in a very different manner by two news publications. FOX News, a conservative news source, focuses on the previous children of this woman, describing how her drug use during pregnancy lead to the children being born addicted to drugs (FOX News, 2017). CNN, a more “liberal” news sources chose to focus on how ordering someone not to have children is a violation of their human rights (Weed, 2017). Yet neither article addresses the lack of concrete help for the sake of the addicted

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.

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 Unborn Victims of Violence Act is a federal law that establishes a further persecution towards the protection against Fetal Homicide. This policy makes it so that when a pregnant woman is attacked and/or killed, it is viewed as two victims and not one. This criminalizes any injury or death to the child in the utero as a result of violence. At any stage of development, that is carried in the womb, is classified as a victim. This means the child is given human rights and is considered a member of the Homo sapiens, or recognition as a human being (Unborn Victims of Violence Act, 2004).

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

Illicit drug use by women is also not new. By the end of the 19th century, almost two-thirds of the nation's opium and m morphine addicts were women. The issue of drug use during pregnancy began to focus on the possible harm to the unborn child. By 1962, evidence showed that a rare set of deformities, mostly limb malformations, were caused by the drug and 8,000 children had been affected. Pregnant women aged 15 to 44, 5.4 percent were current illicit drug users based on data averaged across 2012 and 2013. (Lester, Barry) This was lower than the rate among women in this age group who were not pregnant 11.4 percent. Among pregnant women aged 15 to 44, the average rate of current illicit drug use in 2012-2013 5.4 percent was not significantly

Pregnant women should not be treated as victims of their addiction. If you treat pregnant women as victims to their addiction, then what about all the other drugs that are also addicting. "In the last three decades, state prosecutors have dealt with the problem of drug use during pregnancy as a criminal rather than a public health or medical issue." (Mohapatra pg. 3) Why should pregnant addicted women be treated as victims when in the last three decades they haven't been treated as one. If they weren't doing drugs in the first place, then they wouldn't have to worry about charges being brought against them. "Such criminalization has not created a strong deterrent effect, as the rate of drug use in pregnant women has remained fairly consistent."(Mohapatra