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NCJ Number: 157365 Find in a Library
Title: Against Compulsory Treatment: No Quick Fix for Pregnant Substance Abusers
Journal: CJPR  Volume:5  Issue:2  Dated:(1991)  Pages:79-99
Author(s): J M Pollock-Byrne; A V Merlo
Date Published: 1991
Page Count: 21
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: This article examines the government response to drug-abusing pregnant women, and various proposals for compulsory treatment laws.
Abstract: The authors discuss the effects of fetal exposure to illicit drugs, and other prenatal dangers facing infants in the U.S., including tobacco and alcohol use, prenatal exposure to lead, and the lack of adequate prenatal care. However, the Federal Government has done little to ensure equal access to prenatal care for all women. For the most part, the government has dealt with pregnant women through narcotics laws, criminalization laws, and informant laws; the fourth option now considered involves compulsory drug treatment. Legal issues related to compulsory treatment are discussed here, including the rights of the fetus and the mother in criminal and tort law, mens rea, and equal protection under the law. The authors argue that compulsory treatment for pregnant substance abusers is inappropriate because it singles out female drug abusers for special sanctions solely because of their procreative abilities. 47 references
Main Term(s): Pregnant drug abusers
Index Term(s): Drug effects; Drug treatment; Sex discrimination
Note: DCC
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