The Stop Infant Mortality And Recidivism Reduction Act Of 2016 Essay

Restraining pregnant prisoners at any time increases their potential for physical harm from an accidental trip or fall. This also poses a risk of serious harm to the woman’s fetus, including the potential for miscarriage. During labor, delivery and postpartum recovery, shackling can interfere with appropriate medical care and be

Less than half of the jails, 37.7%, reported that they give pregnancy tests to all women who enter the facility. While 45.3% reported that they rely on the women’s self report of pregnancy status and performed tests to confirm pregnancy. Once pregnancy was confirmed less than 30% of the facilities informed women of options such as adoption or termination. All of the jails reported to having onsite medical care, the majority of the jails reported that they do not charge for OB/GYN medical services. However, almost one third of the facilities reported that they do not have onsite OB/GYN care instead they transport women outside of the jail for medical care. Lastly, only 68% of the jails reported to providing infection disease screening, and only 44% provide ultrasounds to women during

Infant mortality rate constitutes the death of a baby before their first birthday. Mortality rates around the world differ tremendously with America leading the first world countries at an alarming rate of 6.1 deaths per 1,000 births. Conversely, Finland and Japan secure the last, most desirable position, with deaths totaling 2.3 per 1,000 births, as of 2010. (Ovaska-Few, 2015) In 2014, over 23,000 babies died in the United States. (CDC, 2016) Exploring the mortality rates in America brings light to a dire need for additional interventions and research as to why this developing nation has the highest rate of infant deaths before the age of 1 year old. African Americans face the worst outcomes of infant death compared to whites, Latino, and their Native American peers in North Carolina. (Ovaska-Few, 2015) This paper will explore why African American are the leading race for infant mortality and the steps that health communities need to take to address this devastating occurrence.

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).

An important issue that has to be dealt with is sentencing women that are pregnant or just gave birth. One reason for this is acknowledging the high potential health risk a pregnant female can face in a correctional facility. For example, a woman that is pregnant has to professional pregnancy treatment. This means if the correction

associations in a pathway model connecting race-based discrimination, stress, and negative preterm birth outcomes in African American women.

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.

Many people think it is wrong to just leave your child at a hospital and forget about it, but there are worse fates for children whose parents did not know about the Safe Haven Laws. The risk of homicide on the first day of life is 10 times greater than the rate during any other time of life (Herman-Giddens 1425). In a population-based study called Newborns Killed or Left to Die by a Parent, five authors describe cases of infant death and abandonment in North Carolina, “Over a 16 year period in North Carolina, we report 34 newborns known to be killed or discarded in the first day of life by (or likely) the parents, an annual rate of 2.1 per 100,000 newborns” (Herman-Giddens 1428). Sadly, only a few deaths were unintentional, “The majority of these cases (91.2%) were ruled as homicides, while three were found to be unintentional due to natural causes” (Herman-Giddens 1428). Mothers were usually the ones that abandon or kill the newborn, “mothers were the perpetrators in all cases where the perpetrator was positively identified” (Herman-Giddens 1428).

The way I would respond to this legislation is that I would support newborns staying with their mothers in prison (Schmallegar & Smykla 2015). I would support this legislation as long as the program was used for non-violent criminal offenders to ensure that the program works efficiently. Also, I would support the program because studies have shown that the mothers and the babies first two years are critical to mother-baby bonding and women who are allowed to raise the children in jail are less likely to return to jail (Oliver, 2012). A Nebraska study showed that 33 percent of women who were separated from their children returned to prison and just 9 percent of women who were allowed to raise their children in prison returned. Other studies

(Ferst & Erickson-Owens, 2008) Many of these women were lacking education, had been unemployed or underemployed and were lacking adequate health insurance prior to being incarcerated. (Siefert & Pimlott, 2001) In general, most women enter the prison system with a plethora of physical and emotional obstacles; in addition, the health concerns of pregnancy and childbirth increase the challenges presented to institution medical staff to provide the necessary medical and emotional support that this woman will need. The prison health care system has improved considerably over recent years, especially in the area of women’s health and mental health services, often times due to intervention by health, women and civil rights advocacy groups. (Birth, 2000)

The second account of a changing stance toward children’s rights was evolution alongside women’s rights. Before this time, women and children were seen as unimportant under the law, whereas a father was given almost total control over all matters regarding his wife and children. If a father was violent or neglectful, society simply turned their shoulder to it. In the latter half of the nineteenth century, laws pertaining to the family system began to change. A new law recognized the equal rights of fathers and mothers with the mother’s rights reigning over the fathers in regards to the children. Also, the legal system began viewing children as important to the future of society, therefore “appropriate objects of the court’s

The justice system and society in America also show evident to the separation of the too distinctions by the way of convictions. In the article, evidence is given to show how American society officiates offender and what sentenced are granted to them. In most neonaticide cases, “It is not unusual for those who investigate these cases to elect not to file criminal charges. or for women convicted of neonaticide to receive probation rather than a prison sentence” () this is largely due to the fact that when viewing these cases and looking at the surrounding evidence the mother is view as a victim bipartisan. This does not occur in all cases but in a vast majority, the mothers are being victimized by society

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

In addition to shackling, following birth, most incarcerated women are allowed only 24 hours with their newborns which can be psychologically traumatizing (Ferszt, Palmer, & Mcgrane, 2018). In light of these potentially serious physical and mental health outcomes, Ferszt, Palmer, & Mcgrane recommend that a pregnant incarcerated woman should be restrained only under unusual circumstances, such as being a flight risk or attempting to harm herself, her fetus, or others. In these situations, the least restrictive measures should be taken and should not interfere with a woman's leg movement or the ability to break a

When a mother intakes drugs during gestation, the baby is effected in all physical aspects including, “narcotic withdrawal,” “postnatal growth deficiency,” and “increase for sudden infant death syndrome”(Pregnancy & Substance Abuse). As a child, there are numerous effects from a drug using mother and not enough laws protecting the child. The United States seems to have set this astronomical issue to the side. No one speaks of it, and no one sees it as a problem. Controversy has settled with this issue, and it need to be a main problem in the world because babies are dying and mothers are getting away with no punishment. Because children are severely affected when their mothers consume drugs during gestation and because many of these children end up being supported by the public, states should consider adopting stringent laws to protect the unborn from parental drug abuse.