Tennessee law to permit criminal charges against pregnant moms who abuse drugs

[Jazzy]

A new law takes effect in Tennessee this summer that allows criminal charges to be brought against pregnant women who abuse drugs.

Tennessee will be the only place where a mother can be prosecuted based on the impact from drugs on her pregnancy. A mother can avoid going to jail if she enrolls in a drug treatment program.

The American Civil Liberties Union says the law is "dangerous" and could prevent women from getting necessary prenatal care.

Others, such as women's groups, health care providers and U.S. drug czars, have also spoken out against the law, CBS News legal analyst Rikki Klieman noted, adding, "The ACLU was not alone here."

However, on the other side of the equation, Klieman said the law functions as a "velvet hammer."

"This is a law that is saying, 'Look, we're giving up in Tennessee.' We have in Tennessee 921 cases last year of neonatal abstinence syndrome, meaning a child born of a pregnant mother who was drug addicted, the child is addicted. And what happens to this child is horrific.

"So they're saying, just as you'd introduced this, if you go into drug treatment, you're not going to jail. So the argument of saying, 'We're stopping women from from getting any kind of drug treatment because they're afraid of being arrested, that's a false argument. You've got a situation here where you need accountability. We have babies having babies. We have drug addicts having babies. What the governor has said after 10 days of in-depth study, is to say, 'I hear what everybody's telling me. I just don't know what else to do'."

The issue, according to Klieman, goes beyond a woman's right to choose. "This isn't just about the pregnancy," she said. "If you're a drug addict, you're giving birth to a drug-addicted child."

Source

What are your thoughts about this law? Is it good or bad and why?

 

[DrLeftover]

Next they will press charges against a pregnant woman who doesn't eat right.

Or doesn't want to take her vitamins.

And we can't forget about if she smokes.

 

[WHO IS SERAFIN]

Once a women is pregnant she is responsible for another life. If its just her and she is not hurting others or costing me money in medical bills then do what you want. But that all changes when she is carrying a new life that I believe has the same exact rights as the born.

 

[Jazzy]

A new law takes effect in Tennessee this summer that allows criminal charges to be brought against pregnant women who abuse drugs.

How are they going to enforce this law? Are they going to do blood and urine tests on every pregnant woman in the state of Tennessee?

 

[WHO IS SERAFIN]

A new law takes effect in Tennessee this summer that allows criminal charges to be brought against pregnant women who abuse drugs.

How are they going to enforce this law? Are they going to do blood and urine tests on every pregnant woman in the state of Tennessee?

I imagine if a women comes in with a medical condition. Or after the women has a baby it they can determine if the baby is addicted to drugs.

 

[Jazzy]

From the article

The law will be in effect for two years, and during that time, Tennessee Gov. Bill Haslam says he will study the law.

Klieman said, "He's going to see if ultimately families are being separated and this is a draconian law."

Wouldn't it make more sense to study the law BEFORE enacting it? I can see the lawsuits coming already.

 

[WHO IS SERAFIN]

From the article

The law will be in effect for two years, and during that time, Tennessee Gov. Bill Haslam says he will study the law.

Klieman said, "He's going to see if ultimately families are being separated and this is a draconian law."

Wouldn't it make more sense to study the law BEFORE enacting it? I can see the lawsuits coming already.

What do you mean by study? And what lawsuits do you think would happen?

 

[Jazzy]

Here's what he should have studied before signing this into law:

Although drug possession and drug sales can result in criminal charges, states typically do not arrest people simply for using drugs. Addiction is considered to be a medical issue, and under the Constitution’s definition of cruel and unusual punishment, states aren’t allowed to criminalize those types of disorders. But Tennessee is making an exception for pregnant people. (Source)

So , now do you see what the lawsuits will be based on?

 

[DrLeftover]

And here comes the story to support what I said before:

Over-35 pregnant smokers risk baby heart defects
2 May 2014

Babies born to women over 35 who smoke are at greater risk of having specific heart defects, suggests American research.

The study, from Seattle Children's Hospital, adds to existing evidence that smoking during pregnancy can damage babies' hearts, as well as increase the risk of miscarriage, small babies and premature birth.

Around 13% of women smoke during pregnancy in England.

The government has set a target of 11%.

Smoking during early pregnancy could account for 1%-2% of all heart defects in babies, the study said.

http://www.bbc.com/news/health-27252941

 

[Jazzy]

And here comes the story to support what I said before:

Over-35 pregnant smokers risk baby heart defects
2 May 2014

Babies born to women over 35 who smoke are at greater risk of having specific heart defects, suggests American research.

The study, from Seattle Children's Hospital, adds to existing evidence that smoking during pregnancy can damage babies' hearts, as well as increase the risk of miscarriage, small babies and premature birth.

Around 13% of women smoke during pregnancy in England.

The government has set a target of 11%.

Smoking during early pregnancy could account for 1%-2% of all heart defects in babies, the study said.

http://www.bbc.com/news/health-27252941

But, where's the law that will allow criminal charges to be brought against pregnant women who smoke?

 

[DrLeftover]

Give Tennessee a chance, they'll get around to it.

 

[Jazzy]

Tennessee will be the only place where a mother can be prosecuted based on the impact from drugs on her pregnancy.

Pray tell how are they going to know the impact from drugs on her pregnancy until AFTER the baby is born? What if there was no impact at all but they find out she's used drugs? Does she still go to jail?

A mother can avoid going to jail if she enrolls in a drug treatment program.

Okay. Now let's say there was an impact from her using drugs and she doesn't enroll in this drug treatment program. Off to jail she goes. The baby now has no mother, becomes a ward of the state and guess who ultimately pays for all of this? Can we all say the word taxpayers, sure we can......

If this state has to go this far to a profile pregnant women, they have a serious drug problem and should going after the dealers/suppliers instead.

 

[WHO IS SERAFIN]

Tennessee will be the only place where a mother can be prosecuted based on the impact from drugs on her pregnancy.

Pray tell how are they going to know the impact from drugs on her pregnancy until AFTER the baby is born? What if there was no impact at all but they find out she's used drugs? Does she still go to jail?

A mother can avoid going to jail if she enrolls in a drug treatment program.

Okay. Now let's say there was an impact from her using drugs and she doesn't enroll in this drug treatment program. Off to jail she goes. The baby now has no mother, becomes a ward of the state and guess who ultimately pays for all of this? Can we all say the word taxpayers, sure we can......

If this state has to go this far to a profile pregnant women, they have a serious drug problem and should going after the dealers/suppliers instead.

So how do you suggest we get justice for a baby that was abused while under the care of a mother during pregnancy. And make no mistake this is child abuse.

 

[DrLeftover]

Yes, it is.

But, then, what do you do with those ignorant women who claim they 'didn't know they were pregnant'?

Most of whom are: 1. obese. 2. Almost, if not functionally, illiterate. 3. Economically 'disadvantaged'. and 4. often 'hooked up with' an 'ethnic minority'.

 

[WHO IS SERAFIN]

Well hell, let's forbid pregnant women from driving, too. They could get into an accident and injure or kill themselves and/or the fetus.
Better watch what they eat, too. And we can't have them hanging around people who smoke or do drugs, just in case the mother gets affected by second hand smoke.
We should probably just lock all pregnant women into a bubble, monitoring them 24 hours a day, just to be certain they're not doing anything to harm the fetus. Yes, we'll build a camp of sorts, to house any woman for the entirety of her pregnancy. That'll keep the babies safe. To hell with the mother's rights, as long as the fetus is safe.

Can you guess what I think of this law? {insert eye roll here}

There is a difference between going about your normal life and a accident happens while driving. Or driving recklessly and running red lights and speeding. Or say having crack cocaine and a Cheeseburger. And there is a difference having a glass of wine while someone else has a entire bottle of wine and drives drunk. You would be charged for child abuse if your child was born and with you for any of these.

 

[WHO IS SERAFIN]

Yes, it is.

But, then, what do you do with those ignorant women who claim they 'didn't know they were pregnant'?

Most of whom are: 1. obese. 2. Almost, if not functionally, illiterate. 3. Economically 'disadvantaged'. and 4. often 'hooked up with' an 'ethnic minority'.

I would say none of those is a excuse or should be excused.

 

[DrLeftover]

"Should be..." Agreed.

But

I cite the world in which we live that gives a pass to the lowest common denominator.

And now, what sayest thou?