Theu.s. Supreme Court Case

1146 Words Nov 30th, 2016 5 Pages
In 2009, the Journal of American Medical Association wrote that at least 13,000 infants will be born dependent on some sort of substance, and DrugRehab.org says that eight million children have a parent that is addicted to substances as well. Now, most laws do protect the baby from a drug addicted mother, mainly in the event of a stillborn. While having a baby with brain damages and problems caused by the mother’s substance abuse, the mother will also suffer complications during childbirth (Sarah Blustain). Barry Lester found that 320,000 pregnant women suffer from alcoholism or the use of drugs. He views that their punishment is based on what society deems is criminally wrong and believes it is a disease that should be treated at a mental health facility not prison or jail(Drug-addicted mothers need treatment, not punishment). Drug addicted mothers, pregnant or not, pose a threat to a child’s safety, and therefore, should be punished.
April 2000, U.S Supreme Court was planning to take to order that hospitals should be allowed to drug test pregnant women and send over the test results to their local police department. They had used ten women in this study and they had claimed that this law would break their constitutional right against search and seizure (Drug-addicted mothers need treatment, not punishment). Barry Lester writes, “In 1992, the South Carolina policy sent Cornielia Whitner to jail for eight years because she violated that state 's child abuse and neglect…
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