women have been prosecuted using crack while pregnant.
the harm child pce has implications public policy , law. states have pressed charges against pregnant women use drugs, including assault deadly weapon, corruption of minor, manslaughter, child abuse, , distribution of drugs minor. these approaches have been rejected in courts on basis fetus not legally child. between 1985 , 2001, more 200 women in on 30 states faced prosecution drug use during pregnancy. in south carolina, woman used crack in third trimester of pregnancy sentenced prison 8 years when child born cocaine metabolites in system. supreme court of south carolina upheld conviction. of 2013, 1 of women prosecuted in drug use while pregnant have won cases on appeal.
from 1989 1994, in midst of public outcry cocaine babies, medical university of south carolina tested pregnant women cocaine, reporting tested positive police. supreme court found policy unacceptable on constitutional grounds in 2001. advocates argue punishment crack-using pregnant women means treat addiction violation of right privacy. according studies, fear of prosecution , having children taken away associated refusal seek prenatal care or medical treatment.
some nonprofit organizations aim prevent pce birth control. 1 such initiative, project prevention, offers women addicted cocaine money incentive undergo long-term birth control or, frequently, sterilization—an approach has led public outcry consider practice eugenics.
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