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Related: About this forumWhy should being a bad mother be a felony?
http://readersupportednews.org/opinion2/304-justice/11167-the-criminalization-of-bad-mothersThere have been approximately 60 chemical-endangerment prosecutions of new mothers in Alabama since 2006, the year the statute was enacted. Originally created to protect children from potentially explosive meth labs, Alabama's chemical-endangerment law prohibits a responsible person from exposing a child to an environment in which he or she . . . knowingly, recklessly or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance or drug paraphernalia.
Criminal convictions of women for their newborns' positive drug tests are rare in other states, lawyers familiar with these cases say. In most places, maternal drug use is considered a matter for child protective services, not for law enforcement. Advocates for Kimbrough insist that, in any case, Alabama's chemical-endangerment law was never meant to apply to pregnant women's drug use. The words womb,' uterus,' pregnant women' don't appear in the law, Ketteringham says. It was a law meant to protect children from meth labs. One state legislator has filed an amicus brief, claiming the law was not intended to be used this way, and the Legislature has repeatedly rejected amendments to expand the law's definition of child to explicitly mean fetus. But shortly after the law passed, Alabama prosecutors began extending the term environment to also mean the womb, and child to also mean fetus. In 2006, Tiffany Hitson was charged with chemical endangerment the day after she gave birth to a baby girl who tested positive for cocaine and marijuana but was otherwise healthy. When that prosecution was successful (Hitson was incarcerated for a year), other counties followed suit, making Alabama the national capital for prosecuting women on behalf of their newborn children.
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Why should being a bad mother be a felony? (Original Post)
eridani
Apr 2012
OP
That makes two of us. I don't trust "this court" one bit about anything. n/t
Little Star
Apr 2012
#4
When I lived in hippieville, California, I knew doulas who would RECOMMEND pot for childbirth
Warren DeMontague
Apr 2012
#3
boston bean
(36,222 posts)1. The women in that article weren't bad mothers, they made a bad choice
but they shouldn't be treated like criminals. It's clear from the article that many women charged gave birth to healthy children.
This is a bridge too far. This personhood crap from the religious right is just that, crap.
Also, they are using the laws on the books where men murder women and their fetus to prosecute women. This is pretty horrifying.
I guess this is going to go to the SCOTUS. I wonder what the ruling there will be??
BlueIris
(29,135 posts)2. I have little faith in the SCOTUS to eliminate insane laws.
Or unconstitutional ones.
Little Star
(17,055 posts)4. That makes two of us. I don't trust "this court" one bit about anything. n/t
Warren DeMontague
(80,708 posts)3. When I lived in hippieville, California, I knew doulas who would RECOMMEND pot for childbirth
Horrors!!!