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Cocaine Mothers and the Law

NCJ Number
162148
Author(s)
S Mahan; J Howkins
Date Published
1990
Length
19 pages
Annotation
Issues related to pregnant women who abuse cocaine are examined from a feminist perspective, with emphasis on the legal implications related to the basic rights of the pregnant woman, the implications of formal responses to cocaine mothers for women in general, and the ways in which the concerns of pregnant cocaine abusers reflect society's current structure.
Abstract
Using information from a literature review and members of two congressional committees, the analysis focused on existing and pending laws relating to cocaine mothers and whether treatment or criminalization is the preferred method of dealing with these mothers. The analysis concluded that despite the well-publicized outrage over crack babies, public health organizations have become increasingly outspoken in their opposition to the prosecution of cocaine- addicted pregnant women. However, any actions by criminal justice authorities require the cooperation and support of health care providers. Therefore, instead of simple criminalization, a more comprehensive and complex policy is needed to address not just the social problems involved for cocaine-abusing pregnant women, but also the multiple health care problems of all childbearing women. Drastic action toward cocaine mothers at the same time that laws seldom mention alcoholic mothers and those exposed to toxic environmental substances exemplifies the public outlook toward personal responsibility and the general fear and loathing of pregnant females who abuse crack cocaine. A broader perspective is in society's greater interest. 21 references

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