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Criminalization of a Woman's Body: Part II

NCJ Number
136624
Journal
Women and Criminal Justice Volume: 3 Issue: 2 Dated: special issue (1992) Pages: complete issue
Editor(s)
C Feinman
Date Published
1992
Length
131 pages
Annotation
The theme of this special issue, "Criminalization of a Woman's Body," is reflected in the contributions of this second volume which focus on attempts to criminalize pregnant women whose behavior threatens to harm their unborn children.
Abstract
The first article explores the moral and legal implications of interfering with the lives and bodies of pregnant women to protect their fetuses. The authors maintain that it is legally unjustifiable to impose sanctions against pregnant women because these sanctions violate the very moral values reflected by the legal system. The second article examines the power of administrative agencies to control and criminalize pregnant women, especially those who are poor and drug users. The recent debate over the rights of mothers as opposed to fetuses threatens the autonomy, bodily integrity, and constitutional status of the women and may actually harm the fetuses by deterring pregnant women from involvement with adequate prenatal care. The final article reviews the lack of drug treatment programs for pregnant women and recommends community-based programs that will keep families together. Chapter references

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