NCJ Number
83311
Journal
Journal of Family Law Volume: 20 Issue: 3 Dated: (1981-1982) Pages: 523-543
Date Published
1982
Length
21 pages
Annotation
This article examines pregnant inmates' problems, lawsuits to protect their rights, statutes relating to the treatment of pregnant inmates and their offspring, and proposed guidelines for uniform treatment.
Abstract
While there are no specific figures on the average annual number of pregnancies in U.S. jails and prisons, a significant number of females are pregnant upon arrival. In addition, pregnancy may occur during incarceration. Pregnant inmates' problems include unsuitable work assignments, required physical examinations performed in unsterile conditions, inadequate medical care, lack of information about childbirth and contraception, poor diet, and loss of custody of the newborn child. Legal actions which may be brought by or on behalf of pregnant inmates are illustrated by the U.S. Supreme Court's decision in Estelle v. Gamble, the Texas case of Morales v. Turman, and Newman v. Alabama, all of which were based on the 8th amendment proscription against cruel and unusual punishment. Denial of due process and equal protection, guaranteed by the 14th amendment, can also be a basis for litigation . Moreover, a 14th amendment claim may be joined with an 8th amendment claim in a civil rights complaint. Federal regulations ensure delivery of medical and social services much more comprehensively than most State statutes, which apply the general standard of 'adequate' medical care and review each case in custody. The statutes of 13 States are summarized; 25 States allow the suspension of the death penalty until after childbirth. Proposed guidelines for inmates' health care include the United Nations Minimum Rules for the Treatment of Prisoners, the American Public Health Association's Standards for Health Services in Correctional Institutions, the American Medical Association's standards for accreditation of medical care and health services in jails, and the American Correctional Association's standards for adult institutions. The article suggests that, with the expected increase in women inmates (and thus pregnancies), increased litigation is the best way to compel an examination of pregnant inmates' problems. A total of 124 notes are included.