Criminalization of Pregnant and Child-Rearing Drug Users: An Example of the American Harm Maximization Program (From Reduction of Drug-Related Harm, P 95-107, 1992, P.A. O'Hare, R. Newcombe, eds. et al., - see NCJ-138254)

• NCJ Number: 138259
• Author(s): L Siegel
• Date Published: 1992
• Length: 13 pages
• Sale Source: Routledge
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United Kingdom

Annotation

One aspect of the United States' harm maximization approach to the war on drugs has been the criminalization of pregnant and child-rearing women who use illegal drugs, primarily cocaine and crack cocaine.

Abstract

At least 50 women in 16 States have been arrested in recent months for drug use during pregnancy. Far more prevalent are the civil proceedings against drug-using new mothers, hundreds of whom have lost custody of their babies based on positive toxicology at birth. These proceedings are typically precipitated by the hospital's report of a positive test to the local or State child welfare agency. Poor and minority women are disproportionately singled out for this type of police drug enforcement. Public clinics that serve low-income minority women are more likely to comply with reporting requirements and doctors seem more likely to test women from these groups. In addition, prenatal care and drug treatment for poor, pregnant women has become less accessible in recent years. The convergence of the antiabortion movement, which champions fetuses' rights, and the antidrug movement have resulted in tacit public support for this brand of law enforcement. The author notes that not only does the criminalization of pregnant drug-using women jeopardize their civil rights, it raises legal and ethical questions relating to family relations, the role of doctors, women's rights to privacy and autonomy, selective prosecution, and cruel and unusual punishment. 16 references