Criminalizing Women's Behavior

Legal precedent for criminalizing the behavior of pregnant women has been established in an attempt to protect the fetus. Elevating fetal rights over maternal rights is based on questionable assumptions and inconclusive medical evidence. These criminalization policies are sexist and serve to victimize poor, pregnant women. This paper examines the evidence and policies and suggests an alternative policy approach to dealing with families with parental drug use issues.

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Future Fear: Prenatal Duties Imposed By Private Parties

American Journal of Law & Medicine ◽

10.1017/s0098858800006559 ◽

1991 ◽

Vol 17 (4) ◽

pp. 411-434

Author(s):

Renee I. Solomon

Keyword(s):

Drug Use ◽

Pregnant Women ◽

Women's Rights ◽

Women’S Rights ◽

Abortion Debate ◽

The Future ◽

Criminal Charges ◽

Fetal Rights ◽

Legal Right

AbstractThe national abortion debate, rising drug use and homelessness, and the return to conservatism intersect in the trend which increasingly recognizes fetal rights, often at the expense of women's rights. Pregnant women, as never before, are faced with criminal charges and physical invasions in the name of protection of fetuses. This Note examines the sociological forces creating these situations and suggests better solutions. The Note cautions against the future fear that private parties will claim a legal right to interfere with a pregnant woman's behavior, and illustrates the need to prevent it.

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Drug use differences in rural and urban opioid-dependent pregnant women

PsycEXTRA Dataset ◽

10.1037/e526582008-001 ◽

2008 ◽

Author(s):

Teresa Scott ◽

Sarah H. Heil ◽

Karol Kaltenbach ◽

Amber Holbrook

Keyword(s):

Drug Use ◽

Pregnant Women ◽

Rural And Urban

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Risk Factors Associated with Alcohol, Cigarette, and Illicit Drug Use Among Pregnant Women

Journal of Social Service Research ◽

10.1300/j079v32n04_01 ◽

2006 ◽

Vol 32 (4) ◽

pp. 1-22 ◽

Cited By ~ 4

Author(s):

Chien-Chung Huang ◽

Robert J. Reid

Keyword(s):

Risk Factors ◽

Drug Use ◽

Pregnant Women ◽

Illicit Drug ◽

Illicit Drug Use ◽

Factors Associated

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Drug Use by Pregnant Women

Blaming Mothers ◽

10.18574/nyu/9780814724828.003.0005 ◽

2017 ◽

Author(s):

Linda C. Fentiman

Keyword(s):

Health Care ◽

Substance Use ◽

Drug Use ◽

Prenatal Care ◽

Drug Treatment ◽

Pregnant Women ◽

Health Care Professionals ◽

Drug Users ◽

Substance Use And Abuse ◽

Weak Evidence

This chapter examines the use of drugs—both legal and illegal–by pregnant women, noting increased medical and legal supervision of pregnancy and women’s substance use and abuse. Many states require health care professionals to report pregnant women who admit to, or are suspected of, using alcohol or other drugs. The result can be involuntary detention commitment for “treatment.” Women have been prosecuted for homicide after they suffer a stillbirth despite weak evidence that the stillbirth was caused by drug use. Prosecution of these women is counterproductive, because it drives pregnant drug users underground, away from both prenatal care and drug treatment.

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