Federal Court Cases That Involve Women Drinking While Pregnant?
Question by MasterDiver: Federal Court Cases that involve women drinking while pregnant?
I am looking for at least 3, preferably federal court cases in which discuss women drinking while pregnant, and the resulting legal action the court takes on them. I prefer them to be on the defenses side; in other words, if they give multiple reasons supporting why women should NOT be incarcerated for drinking while pregnant, but rather offered some sort of therapy or beneficial education on the subject, then this is what I am looking for.
I also prefer if these cases come from Westlaw, although an account is required.
Thanks.
Best answer:
Answer by Kimberly
Can’t find a lot, most deal with “hard” drugs such as heroine or cocaine. However, from everything I found, the Supreme Court has continued to rule since 1925 that drug addiction is a disease and criminalizing it would be akin to punishing someone for having a cold. This is what I have found, though. The first case is currently being appealed on the federal level.
“On October 27, 1997, the South Carolina Supreme Court radically deviated from its sister state courts and decided Whitner v. State of South Carolina. (142) In Whitner, the state supreme court declared that viable fetuses are “person[s]” under the state’s criminal child endangerment statute. (143) As a result of that conclusion, the court reversed an appellate court’s granting of post-conviction relief for a pregnant woman who had used cocaine during her pregnancy. (144) In so ruling, the court took an unprecedented legal leap, apparently recognizing legal personhood for viable fetuses under all of the state’s laws. Although Whitner involved a woman who had used cocaine while pregnant, the majority specifically found that applying the state’s child endangerment statute to other conduct by pregnant women—such as smoking cigarettes and drinking alcohol—would also be consistent with the application of that statute to the facts of Whitner. (145) And, in fact since the decision, prosecutors in South Carolina have arrested on child abuse charges a woman who used alcohol while pregnant, (146) a woman who suffered a stillbirth possibly unrelated to any drug use, (147) and the parents of a 13-year-old who suffered a miscarriage. (148)…Although Whitner is now being challenged in a federal habeas corpus proceeding, it remains in effect while that case is pending.” (Paltrow, Lynn M, et al. Part 1. Governmental Responses to Pregnant Women Who Use Alcohol or Other Drugs. Women’s Law Project and National Advocates for Pregnant Women; October 2000. )
“Courts, however, have overwhelmingly refused to
interpret existing criminal laws to permit prosecution of pregnant women for allegedly
endangering the health of the fetuses they carry. See e.g. United States v. Foreman, No.
A.M.C. 028008, 1990 WL 79309 (A.F.C.M.R. May 25, 1990) (“we can find no legal
basis, absent specific statutory authorization, to suggest that an unborn fetus was intended
as a potential victim of criminal neglect” under the Uniform Code of Military Justice);” (United States v “Ms. T” , 2009)
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