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Full-Text Articles in Law
Criminalizing Substance Abuse And Undermining Roe V. Wade: The Tension Between Abortion Doctrine And The Criminalization Of Prenatal Substance Abuse, Myrisha S. Lewis
Criminalizing Substance Abuse And Undermining Roe V. Wade: The Tension Between Abortion Doctrine And The Criminalization Of Prenatal Substance Abuse, Myrisha S. Lewis
William & Mary Journal of Race, Gender, and Social Justice
woman’s constitutional right to have an abortion. Although other scholars have criticized prenatal substance abuse prosecutions based on various constitutional and public policy arguments, the tension between prenatal substance abuse prosecutions and the Supreme Court’s abortion doctrine has not been adequately examined. I argue that prosecuting women for the crime of prenatal substance abuse punishes women for not exercising their right to an abortion and could even incentivize some women to obtain abortions in order to avoid criminal prosecution. I also examine the science underlying abortion doctrine, fetal health, and substance abuse which reveals that (1) the right to abort …
Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn
Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn
William & Mary Journal of Race, Gender, and Social Justice
This note examines the constitutional and policy implications of criminal prosecutions for prenatal maternal substance abuse under statutes criminalizing drug delivery, child abuse, and manslaughter. Although only one of these convictions has been upheld in the thirty years since a prosecutor first brought such charges, prosecutors continue to propose new and increasingly inventive theories of prosecution. Not only do these cases present procedural due process, substantive due process, and equal protection problems, they also cannot be supported by public policy. The prosecutions are opposed by healthcare workers, pit the interests of mothers and unborn children against each other, and actually …
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Protecting The Fetus: The Criminalization Of Prenatal Drug Use, Kellam T. Parks
Protecting The Fetus: The Criminalization Of Prenatal Drug Use, Kellam T. Parks
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.