Wade and the health and interests of women and their future children. They have to inform the person that this is a criminal matter and that the person has the right not to respond and that the person also has the right to engage an attorney.
As the March of Dimes explains: Even though addiction is considered a disease.
Nor is it permissible for the state to try to achieve a good goal in an unconstitutional way. And one final thing that I think is really problematic in terms of the physician-patient relationship is that our criminal justice system requires that when a person is being sought by the state for breaching the law in some way, the state has to inform that person that what that person says, what that person does, may in fact incriminate that person.
Alternatives to criminalization include education and treatment. It reprioritizes the medical relationship. Coerced abortions violate the fundamental constitutional right to procreate. There is no evidence that yet another drug law will work any better.
These options are being pursued by a number of states as is reflected in the following sample Should pregnant drug users be prosecuted state statutes: That is why every leading health group to address the question has opposed the use of criminal laws to address this public health question.
These infants include those whose mothers lacked access to quality prenatal care and adequate nutrition, smoked or drank while pregnant, or used fertility-enhancing medications that cause multiple births associated with prematurity and other life-threatening hazards.
Similarly, pregnant women should not be singled out for a form of medical vigilantism that requires them to accept and comply with treatment that may not even be medically appropriate for them or face arrest and imprisonment.
Similarly, Hawaii is considering House Bill which makes the consumption of alcohol or illegal drugs during pregnancy, once the woman knows of the pregnancy, a Class C felony for endangering the welfare of a minor.
I believe that women who are addicted to narcotics or prescribed drugs should receive assistance in managing their addictions, instead of harming the unborn child.
The state has also seen a twenty percent increase in abandoned babies. As noted, the Whitner case does not draw a distinction between illegal and legal substances; and the Zimmerman case actually involves the prosecution of a woman for her use of a legal substance.
Once addicted, pregnant women face numerous barriers to getting help. Opponents also contend that once the door to regulation of maternal behavior is opened, it may be difficult to close.
Putting women in jails and prisons where health care is notoriously inadequate and where drugs are nevertheless often available, is certainly not child protective. The American Society of Addiction Medicine: Similarly forcing a pregnant woman to go cold turkey in prison or out of fear of arrest can in some cases cause her to lose the pregnancy.
Anyone can see what kind of leverage a prosecutor can use.
Thus, these laws could encourage abortion. Pregnant women and new mothers could face reckless endangerment charges, which is a misdemeanor, or charges that range to aggravated assault; an assault charge could mean 15 years behind bars.
An approach that is punitive, even with its option to seek treatment, will drive away women in need of help and may even encourage more abortions. Addiction is a chronic, relapsing biological and behavioral disorder with genetic components. Pros and Cons Cons The obvious cons to taking this punitive approach to addressing the issue of babies being born with neonatal abstinence syndrome is that addicts will be jailed for having an untreated chronic medical condition.Should pregnant drug users be prosecuted?
I had a very equal amount for gender, and a range of different aged people taking the survey so the results could vary Many of the students thought pregnant drug users should be placed into a rehab program rather than a jail cell.
Should Pregnant Women be Subject to Criminal Prosecution for This raises the question of whether a pregnant woman may be prosecuted for other legal but potentially harmful conduct, like smoking, failing to eat a proper diet, or not seeking adequate prenatal care.
Provides for funding of residential and nonresidential alcohol and drug. MORAL AND SOCIAL ISSUES REGARDING PREGNANT WOMEN WHO USE AND ABUSE DRUGS Kenneth A. DeVille, PhD, JD, and Loretta M. Kopelman, PhD How should society respond to pregnant women using recreational or addictive drugs that may harm their future children?
During the past was observed in children with no drug exposure who lived in underpriv. Should pregnant women who use drugs get punished?
Should pregnant women who use drugs get punished? Vote Up 2 Vote Down. 34 Comments by Likes | Date. I see the arguments for and against punishment for drug-using pregnant women.
It's far too complicated for there to be harsh punishments or no punishments at all, though. Should Pregnant Mothers Get Jail Time? Pros and Cons, legislators obviously don't seem to think that addiction is a disease.
Resorting to jail time rather than treatment for pregnant addicts. Criminalizing pregnant women who use illegal drugs: ‘Throwing a lit match’ her illegal use of a narcotic drug taken while pregnant where they are prosecuted under laws for posing some.Download