Prosecuting Pregnant Women

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 1989, a public hospital in Charleston, South Carolina began implementing a policy to randomly test women for drugs who came for prenatal care or delivery without their informed consent. If the women tested positive, they were arrested and not given the opportunity to seek drug treatment. In 1990, the policy was modified to allow the women to avoid being arrested if they entered into a drug treatment program, attended all their counseling appointments, and passed all their subsequent drug tests. Ten women tested positive for cocaine were arrested and responded by suing the hospital and the state. In 2001, the U.S. Supreme Court ruled in favor of the women because the tests were administered without their consent.

Prenatal exposure of a child to harm due to the mother’s use of an illegal drug or other substance.

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.

In 2014, after seeing a significant increase in babies born with neonatal abstinence syndrome (NAS), Tennessee began criminally charging pregnant women who use drugs (Sakuma, 2014). Supporters of the new legislation refer to it as a “velvet hammer” used to convince the pregnant drug users into going into treatment, or doing jail time. However, critics are concerned that this legislation will be just another barrier for a group of women who are already at risk, (Sakuma, 2014).

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.

In the past thirty years, the incarceration of women has risen exponentially. Poverty, lack of access to education, abuse, addiction, mental health and parenting issues all impact women’s criminality and health before, during and after they are incarcerated (Hannaher, K., 2007). By 2010 there were nearly 206,000 women currently serving time in the criminal justice system. As the years go by, the numbers are constantly increasing (Women Behind Bars, 2015). The number of pregnant women incarcerated has also been on the rise. Most incarcerated women do not receive proper prenatal care before entering the criminal justice system. Because these women are from mostly poverty neighborhoods, they are more likely to endure domestic violence, poor

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 the United States, we have a culture that accepts the use of some substances over others, regardless of the negative affects of the “acceptable” drugs. For instance, it is socially acceptable to drink alcohol, eat sugar, and, while no longer as in vogue, smoke cigarettes. From a public health standpoint, these substances are also dangerous and can have debilitating affects on both children and adults. What is more, while narcotics use during pregnancy can lead to NAS at birth, there has been no conclusive evidence of lasting negative effects across the lifespan (Goldensohn & Levy, 2014; Miller, 2015). However, the use of other substances, such as alcohol, can be devastating and carry much more risk, leading some reporters to believe that the law has more to do with the people using these substances than the substances themselves (Todd, 2014). In any case, the punishment of mothers who suffer from addiction when they should be receiving support and treatment is a large moral failing on the part of policymakers. Arguments around whether the woman should be held responsible for her addiction overlook possible systemic barriers that led to her substance use as well as the fact that drug addiction is a treatable illness (Todd, 2014). In creating and invoking this law, policymakers are essentially turning their backs on some of the most vulnerable people in our society, expectant mothers, and using their resulting arrests as evidence of corrupt principles, deserving of punishment and

“The U.S. District Court jury found for the City of Charleston. The Court of Appeals affirmed, holding that the searches were reasonable as a matter of law under our line of cases recognizing that “special needs” may, in certain exceptional circumstances, justify a search policy designed to serve non-law-enforcement ends. On the understanding, ‘that MUSC personnel conducted the urine drug screens for medical purposes wholly independent of an intent to aid law enforcement efforts,’ the majority applied the balancing test, and concluded that the interest in curtailing the pregnancy complications and medical costs associated with maternal cocaine use overweighed what the majority termed an minimal intrusion on the privacy of the parents. We conclude that the judgement should be reversed and the case remanded for a decision on the consent issue” (Samaha,

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 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

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

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.