Criminal prosecution raises numerous constitutional and public policy concerns. For example, it is questionable whether the laws under which women are being prosecuted are clearly drafted to provide reasonable notice, as required by the due process clause, that such conduct is prohibited. Another issues is whether these prosecutions are based on proof of the traditional requirement of criminal intent. Finally, concern exists that prosecuting women for giving birth to drug-addicted babies punishes them for their dual status of being pregnant an drug addicted in contravention of the Eighth Amendment's proscription against cruel and unusual punishment. The analysis concludes that replacing the threat of punitive sanctions with maternal treatment and education would have numerous benefits to both the woman and the infant. Footnotes