Should a Pregnanat Woman Be Punished for Exposing Her Fetus to Risk?

Care for pregnant women is even more dismal, considering their additional health needs” (p. 11). The quantitative report goes on to state that many pregnant offenders have undiagnosed or untreated conditions that can increase the pregnancy risks and contribute to poor birth outcomes. Mothers Behind Bars surveyed all 50 states regarding prenatal care and found: 43 states did not require medical examinations as a component of prenatal care; 41 states did not require prenatal nutrition counseling or the provision of appropriate nutrition; 34 states did not require screening and treatment for high-risk pregnancies; 48 states did not offer advice on activity levels and safety during pregnancy; 45 states did not make advance arrangements for deliveries with particular hospitals; and 49 states failed to report all incarcerated women’s pregnancies and their outcomes (The Rebecca Project for Human Rights and the National Women's Law Center, 2010). Researchers did not list under limitations of their findings if obstetric care was provided inside or contracted to an outside care provider. This information would have been beneficial and may have affected the state’s responses to the survey questions. Ferszt and Clarke (2012) conducted a qualitative survey of 50 wardens, a warden at a women’s correctional

Tennessee decided to put up a law trying to protect tax payers and the future generation from facing issues with Fetal Alcohol Syndrome. A case was showed where a 26 year old woman Mallory Loyola was the first charged with this law after traces of methamphetamine were found in her urine shortly after having her child. She was arrested and thrown in jail not ever spending a day with her new born baby. Fetal Alcohol syndrome is not the only thing women have to worry about while on drugs. If they let Mallory go home with her child while on meth, it could easily affect the home life and still destroy the child 's life without it being in their system. Case studies also shown by (Miller, 2014) is even though a women is charged with assaulting

Meaning because their biological status and gender, they violate the Constitutional right to equal protection of the laws (NWLC, 2014). This is all true and from a legal stand point, can keep a woman out of jail. Also with the laws currently in place, a woman that is pregnant who is facing child abuse charges can choose to go and terminate the pregnancy and then there are no grounds to charge the women. Being that would be the only way to avoid criminal prosecution, it is seen to violate the right to be free from government intrusion in making reproductive choices, which is protected under the Fourteenth Amendment’s guarantee of liberty (NWLC, 2014). In one study, it was found that 59% of women that were being prosecuted for child abuse where colored and where at an economical disadvantaged. Records provide, women that have who have adiquated health care providers and do not receive public assistance from the government are much less likely to be detected by enforcement authorities and prosecuted. And hosipitals that are in low income neighborhoods are more prone to administer a drug test to pregnant women and, therefore, relay the results more frequently to local law authorities (NWLC,

Using legal drugs is not a criminal offense. I think this rational should be applied to women universally, pregnant or not. Prosecuting pregnant women does not help the mother or the child. As aforementioned, I believe education is the best tool to combat legal drug use that could possibly harm an unborn child. The implications of prosecution on the social and emotional welfare of the mother and unborn child should be taken into account with this.

After reading the Huffington Post article and doing some more of my own research on the website provided, I found arguments that are very concerning. The first is that this issue is barely covered in the mainstream media. Most people do not know about this issue and how prevalent it is. Although it is not a majorly covered topic, it is argued on both sides if it is ethical. There has been a significant decrease in hospital births in Tennessee and it is largely due to the recent law passed giving means to arrest a mother if her baby is found to have narcotics in its system. The main argument here is if the law is deferring so many women from have safe births in hospitals, its giving the baby and the mother a much higher chance of having a dangerous

Drinking alcohol when expecting can cause the child to have learning difficulties, attitude problems, dysmorphic features, and developmental delay. Using heroin and methadone can cause preterm delivery, perinatal mortality, and low birth weight. These are serious health problems that are very usual for babies to get when their mothers drink and/or smoke and/or use drugs when pregnant. The fact that the child has no defense against this, he/she is so helpless of something that could seriously ruin his/her life. Kids should be brought into the world being set up for success, not being held back by the disabilities that could have been prevented by the mom. Not only for the child’s health, but for the mother’s health and safely. Being addicted to using drugs has serious health issues for your mind and body, can cause seizures, liver failure, cardiovascular conditions, paranoia, aggression, hallucinations, addiction, and many more possible health

Pregnant drug abusers should be charged with child abuse based on health effects and risks that a fetus can endure while in the womb, and as well as health effects that are short-term and long-term after birth. Consumption of illegal drugs is not safe for an unborn infant or for the mother as well. “Maternal drug abuse in pregnancy is associated with several complications, such as premature rupture of the membranes, premature labor, and abruption of the placenta, intra-uterine growth retardation, and neonatal withdrawal symptoms” (Helsinki & Kukko, 1999, p. 22). There are several drugs that can harm a fetus in the womb. The various drugs that cause the major complications are marijuana, cocaine, heroin, PCP, LSD, methamphetamine, and ecstasy.

Substance use during pregnancy is child abuse. I see it being no different than giving a child drugs or alcohol after pregnancy, and that would be considered abuse. Incarceration would be justified in both instances based on current child protection laws. I believe that a woman’s body is her own, but her unborn child should have rights to their body as well. I believe that a woman has a right to choose, so if you choose life you should be protective of that life and not take risks like using drugs or alcohol. Society has an obligation to protect those who cannot protect themselves, and an at-risk fetus should fall under that umbrella. Women that refuse to quit using should be incarcerated the same way you would incarcerate an abusive mother

Tennessee was the first state to begin criminalization of pregnant women who are caught with illegal drug use. It was classified as an assault punishable by up to one year in jail when it’s found and sustained that a child has been harmed in utero as a result. In other states like Minnesota, South Dakota and Wisconsin- they are having these women forced into treatment through court-ordered commitments. Though in only 18 of the 50 states the Child Welfare Group labels drug use during pregnancy as indeed child abuse. (Parental Drug Use as Child

Many women across the world cause complications to their unborn child when they choose to abuse substance. There are many types of substance abuse such as alcohol, tobacco, and drug abuse. Most likely when women choose to engage in these types of activities it causes harm to the child and birth defects. Long term and short term deformities and conditions are present in the child. Other factors play a part into why women abuse substance such as stress, depression, and mental issues. More treatment and pre-education should provided to women to inform them of the cause and effects of substance abuse.

My first thought about this question is that yes, women who use drugs and alcohol during pregnancy should be punished. The mother willingly consumed harmful substances regardless of the potential risk factors, which could arguably be considered child abuse under legal definition. However, some internal debate has brought me to the conclusion that pregnant women should not in fact face criminal punishment for the consumption of drugs and alcohol. The reasoning for this is that more often than not, pregnant women will consume drugs or alcohol because they are struggling with substance abuse or even addiction. Just as we treat those with addiction that are not pregnant, we should

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,

When a mother is expecting a child, she is responsible for taking care of herself as well as the baby. When a woman chooses to put her life as well as her babies in jeopardy, then she should face criminal persecution for doing so. Evidences shows that when doing drugs, drinking, or smoking when pregnant poses a higher risk for having a child with potential life threatening disorders. Given how many different programs are possible through government aid, rehab and counseling there is simply no way to argue that babies should be born with higher risks for birth defects. Especially as women get older, the risks also goes up higher for potential newborn problems. To increase these risks is simply irresponsible and should never be allowed to happen. These disorders will also raise the costs of healthcare for the baby and potentially for taxpayers to pay, should the mother not be able to pay for those herself. Charges should be brought upon her should any of these action be performed and result in harm to herself or the future of her unborn child.

A growing issue that continues to go on today is the drug and alcohol abuse by pregnant women. This has become a growing issue due to the fact that pregnancy is starting at a much younger age. Women tend to become pregnant around the age of 15 to 44 (“Birth Data”). In young women among the ages of 18 to 24, the alcohol and tobacco rates were 25.5 percent and 15.5 percent, respectively (Chen). As of 2001, about 12 percent of all pregnant women admitted to consuming alcohol during their pregnancy (Burd). Out of the 4 million or so births in the United States, 64,000 have had high levels of exposure to alcohol while pregnant (Burd). Similarly, teenagers and those in their early adulthood are getting exposed to all different types of drugs.

Advocates of the right to privacy contend that a woman does not lose her right to privacy simply because she becomes pregnant, and the constitutional right to privacy 'extends to both women and men, regardless of their biological differences. (Lyttle, Tiffany) Advocates, therefore, contend that because the Constitution does not differentiate among persons who are able to enjoy the right to privacy, the pregnant woman remains a 'person' as defined and protected under the Constitution. (Lyttle, Tiffany) A difficult situation happens when the law requires the reporting of nonmedical use of controlled substances by a pregnant woman or that require drug testing after delivery if illicit drug use is suspected. These laws can have the effect of women not seeking prenatal care. Drug testing during pregnancy, or postnatally, can have consequences. In many States, pregnant and parenting women can be reported to child protective services, even though the courts have struck down criminal charges against women who are pregnant and use drugs. Women have the right to refuse drug testing (American College of Obstetricians and Gynecologists, 2008); however, if drug abuse is suspected that is contributing to child abuse, reporting to child protective services is necessary - The American fetal protection movement is among developed and developing nations. While other countries also have populations of poor women whose lives are addicted to alcohol and other drugs, only in the United States are these women treated as criminals while pregnant. Treatment for drug and alcohol addiction in order to increase the chances that women can nurture and provide for their children, as well as reduce addiction. The Constitution does not provide an individual with the right to use the drug. The Court in Robinson held that the Constitution prohibits the State from punishing an individual simply due