NCJ Number
141595
Journal
Criminal Justice Policy Review Volume: 5 Issue: 2 Dated: (June 1991) Pages: 79-99
Date Published
1991
Length
21 pages
Annotation
Based on the number of prosecutions of pregnant women that have occurred, it seems the government is prepared to punish the pregnant drug addict but unwilling to provide necessary prenatal care.
Abstract
The increasing number of babies born to drug-addicted mothers represents a major social problem. Nonetheless, lack of prenatal care is responsible for more prenatal deaths than harmful substances ingested by the mother. A profile of pregnant women who abuse crack cocaine reveals that many have been victimized by physical, sexual, or emotional abuse as children and adults. Most have been raised by drug- abusing parents and are likely to live with a drug-abusing partner. They often have difficulty finding drug abuse treatment and need housing, food, job training, and education. For the most part, the government has opted for one of three courses of legal action with respect to pregnant substance users: narcotics laws, criminalization laws, and informant laws. The most widespread approach to dealing with prenatal drug use involves amending or interpreting child abuse and dependent child legislation to apply to infants who have been exposed to drugs in utero. Efforts to punish and/or control the behavior of pregnant women pit the mother's interests directly against those of her fetus. Further, statutes that punish or mandate compulsory treatment for pregnant drug users may intrude on the woman's fundamental right of privacy. Mens rea is also an important issue in the case of pregnant drug users in that it refers to the criminal intent attached to one's actions. The government should increase the number of drug treatment programs, make it a national priority to reduce the infant mortality rate, and make the services of Public Health Service nurses available to all new parents. 49 references