It Wasn’t Even An April Fool’s Joke: Tennessee Women Jailed for Drug Use While Pregnant, Even Though Law Said They Couldn’t Be

Via the Tennessean: Tennessee women who take illegal drugs during their pregnancy cannot be arrested for the harm they do to their babies. But some ended up in jail anyway. That’s because some police and prosecutors — unaware state law changed last year — pursued criminal charges thinking they had the authority to do that. They did not realize lawmakers eliminated their ability to charge women with assault or homicide against their unborn children. Even the state attorney general overlooked the change when he issued a written opinion Jan. 7 about whether women could be prosecuted. Well, that just fills me with confidence about the justice system in this state. Avoiding criminalization pregnant women with drug addictions is sound public health policy. The American College of Obstetricians and Gynecologists says “The use of the legal system to address perinatal alcohol and substance abuse is inappropriate.” There’s a good reason why public health people object to criminalization of these women, and it’s a reason that’s actually good for protecting the health of women and babies. Women with addictions who fear prosecution avoid prenatal care, and don’t get help for their substance abuse issues. Criminalization, on the other hand, simply demonizes women for not performing perfectly as incubators, especially low-income women with fewer resources for care. The criminalization approach simply fills jails and separates families, rather tha...
Source: Women's Health News - Category: Medical Librarians Authors: Tags: Access, Rights, & Choice Birth Ethics Government Pregnancy addiction NAPW reproductive justice Tennessee war on drugs Source Type: blogs