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Dutchess_III's avatar

Shall we open a discussion on Tennessee's new law that allows for prison time for women who do illegal drugs while they're pregnant?

Asked by Dutchess_III (47069points) May 1st, 2014

Here is the article.

In a way it makes sense. If a woman forced her 3 month old baby to smoke crack or meth we wouldn’t have a problem putting her in jail. When she does that crap while she’s pregnant she is, in effect, forcing her baby to do it too.

Those are my initial thought, but I’d like to hear other opinions.

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23 Answers

KNOWITALL's avatar

I agree with you but many people seem to feel it becomes a crime only after birth. Otherwise it’s her body.

Dutchess_III's avatar

Well, I guess they can wait until the kid is born, find that the baby is drug addicted, and then send Mom to jail.

Darth_Algar's avatar

What next? Do we allow for criminal charges against pregnant women who aren’t meeting a certain nutritional threshold? Or who don’t take pre-natal vitamins? Maybe ones who don’t show up to all their doctor’s appointments?

hearkat's avatar

Using illegal drugs is a crime – whether pregnant or not. Being addicted is a disease, and often includes mental illness to some extent. Using illegal drugs while knowingly pregnant and with the intent of carrying the child to term is pathetic. I am not versed in the legal definitions to be able to say what laws it breaks; but I don’t believe that jail, rather than treatment for addiction, is the best way for society to handle it.

I worked in a Children’s Hospital in an inner-city and many babies born there were addicted. The babies became wards of the state until either the mother went through treatment or another family member stepped in and took legal guardianship. It’s been a while since I told the story on here, but there was one baby who was born with spina bifida and would have a very challenging life ahead. When the baby was a few months old, they were on my schedule for follow-up testing, and I was surprised to see the mother bringing him in. She said that she knew she had to straighten up and be there for the baby, and she attended meetings every day. Most in her situation would have just walked away and kept using – perhaps using even more out of shame. This woman owning up to her mistakes and taking accountability was one of the most courageous things I’ve personally witnessed, and I told her so. She inspired me to change my own life, take accountability for my own actions, and to be a better mother to my son—it was an inspirational moment for me.

Cruiser's avatar

I’d like to see stiffer prison sentences for the drug dealer that sold her the drugs. Something along the lines of mandatory 10 years in a woman’s prison.

fluthernutter's avatar

There have been studies that the use of epidurals and painkillers during labour increases the possibility of future addiction.

Let’s start locking up those new mothers!

Same as that question awhile back about the homeless mom who left her kids in the car to go on an interview. Everyone can agree that something needs to change about the current situation. But prison isn’t the answer.

Dutchess_III's avatar

But if they catch it early they can keep her in prison and away from drugs, at least until the baby is born….?
However, I think this law doesn’t work that way. I think it’s only after the baby is born and found to be drug addicted that the mother is punished.

Hypocrisy_Central's avatar

Jail would be too easy for them. I say whatever special treatment the child needs or will have because of her selfish need to escape reality; she should be made to pay back Medical, Obamacare, or whatever medical body forced to try to undo what damage she has done. I would also say having her do 5,000 hours of community service on top of a program to straighten her funk out would be in order too. If she don’t go to the program or complete it, then toss her butt in jail, but only until she successfully completes the program and test clean for 120 days.

ARE_you_kidding_me's avatar

So it’s ok to murder the baby but not to get high with it? Makes perfect sense to me….

ragingloli's avatar

It would be better if they made a law that criminalises indoctrinating children with your religion.
That is much worse than drugs.

ARE_you_kidding_me's avatar

@ragingloli I have no religion…not even atheism.

I actually think that this law could be a good one.

ragingloli's avatar

@ARE_you_kidding_me
Well, duh, that is because there is no such thing as anthIEsm.

ARE_you_kidding_me's avatar

I remember seeing several crack addicted babies in the nicu when my sisters kids were there (they were multiples and early.) They were abandoned by their mother. The nurses said it was not at all uncommon. It pissed me off in a way and at a level I had not experienced before.

@ragingloli I fixed it…spelling nazi…

ragingloli's avatar

@ARE_you_kidding_me
If I was a spelling nazi, you would be in a camp right now

ARE_you_kidding_me's avatar

My grammar is horrible I deserve to be in that camp.

Dutchess_III's avatar

If you were pregnant and used grammar like that we would have no choice but to put you in jail camp.

cazzie's avatar

This whole topic stinks to high heaven. Before you know it, we’ll be back to burning women at the stake. Just because your health care system is fucked up, don’t blame women who have lacked any prenatal care. Do you know that women were blamed for children who were born with CP? for Autism? They were convinced it was something the women did and punished her accordngly. Shall we return to the dark ages?

Dutchess_III's avatar

@cazzie This isn’t a question about health care. Our health care system has nothing whatsoever to do with a woman’s choice to abuse illegal drugs.

cazzie's avatar

No… people have brought up the cost of delivering a child with disabilities or problems because of delivering a baby that is ‘less than optimal’. It does have to do with the cost of your healthcare.
Quote: @Hypocrisy Central “I say whatever special treatment the child needs or will have because of her selfish need to escape reality; she should be made to pay back Medical, Obamacare, or whatever medical body forced to try to undo what damage she has done.”

This is NOT black and white. Do you know the percentage of mothers who were pregnant and didn’t know it and got significantly inebriated or enjoyed a sauna or hot tub (all which have shown to create serious problems with a baby’s nervous system in the very first weeks of development.)

What a fantastic savings plan. There doesn’t need to be any other proof other than an imperfect baby. Then, the mother will have to be made a slave to the State for the care of that small young imperfect thing she brought into the world. Shame on her.

Oh… Whoops… your ignorance is showing again. Best you cover yourself and shut up.

Dutchess_III's avatar

Not sure what your point is. If a woman chooses to abuse drugs while she’s pregnant, her decision has nothing to do with what kind of health care system is available to her. The system may have to take care of the baby but that’s a whole other topic. Has nothing to do with this law.

cazzie's avatar

@Dutchess_III What this law involves, is punishing a mother for having a sick baby. the proof of abuse of drugs is so stupidly flimsy as to leave it up to one judge’s opinions.

Dutchess_III's avatar

The law covers illegal drug use, which results in the baby being born addicted/sick. It’s easy enough to test for specific drugs. The law doesn’t cover sick babies in general.

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