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NCJRS Abstract

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NCJ Number: 140777 Find in a Library
Title: Constitutionality of Court Imposed Contraception As a Condition of Probation
Journal: Criminal Justice Journal  Volume:14  Issue:2  Dated:(Fall 1992)  Pages:385- 406
Author(s): M Mubaraki
Date Published: 1992
Page Count: 22
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This analysis of a California court's requirement that a woman undergo temporary sterilization as a condition of probation concludes that the sentence was unconstitutional.
Abstract: In 1990 a Tulare County judge sentenced a woman guilty of abusing her children to 1 year in prison and 3 years of probation provided that she agree to have a Norplant contraceptive device implanted in her arm for the 3 years of probation. She was also ordered to undergo counseling, take parenthood classes, and refrain from striking her children as part of the probation. The woman agreed to these terms at the sentencing hearing and later changed her mind. The probation condition should be held unconstitutional, because it places an undue burden on the woman's choices, is not reasonably related to the crime for which the woman was convicted, and is overly broad. In addition, the condition does not allow the defendant to exercise informed consent and also improperly allows the courts to practice reproductive medicine. Footnotes
Main Term(s): Probation conditions; Sterilization
Index Term(s): California; Child abuse situation remedies; Medicolegal considerations; Right of self determination
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