NYT Examines Prosecutions Of Drug Use Among Pregnant Women In Alabama
The New York Times recently examined what they describe as an “unusual burst” of prosecutions of women who indulged in drug use while they were pregnant. The setting for this spate of arrests and convictions? Covington County, Alabama.
I can’t quite put my finger on what is so disconcerting about this article. I certainly don’t disagree that women should be held accountable for using drugs while they are pregnant. I don’t even necessarily disagree with definition of drug use during pregnancy translating into an assault charge (the one assaulted being the fetus). My discomfort, I think, comes from the penalty for these charges: being yanked out of the prego ward and dumped in state prison or county jail for the first year of the child’s life.
In the cases where the “punishment” for drug use during pregnancy is drug treatment, I’m all for it. But when the punishment is enforced separation from one the best reasons for getting and staying clean and a long-term stay in a violent environment where children and pregnancy are far from sacred. In fact, fights between women despite pregnancy-status is a regular occurrence (the saying in women’s prisons is, “you’re face isn’t pregnant”).
So, wait. How does this help the child, heal the mother or promote responsible behavior? Here’s what the two sides have to say:
Covington County District Attorney Greg Gambril says, “In my jurisdiction, a baby being born dead because of drug abuse is a huge deal. When drugs are introduced in the womb, the child-to-be is endangered. It is what I call a continuing crime.” His goal? To guarantee “a safe environment, a drug-free environment” for the child and that no “one is to say whether that environment is inside or outside the womb.”
The other side as represented by defense attorneys is that the punishment is hardly a solution to the problem that the crusading district attorney is purporting to solve. Most seem to think that arrests and prison terms for mothers are not just the wrong solution to the problem; they create a whole new set of additional problems instead. Rod Sylvester is an attorney representing a woman charged with chemical endangerment and says, “None of those cases should have been brought. It’s an overreaching.”
The Daily Women’s Health Policy Report and the National Partnership for Women & Families have even more to say.
Anyone have any thoughts on this one?
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March 31st, 2008 at 12:41 pm
I completely agree that punishment via jail time for this type of crime is not the right solution.
Yes, I completely agree that anyone who has decided to carry a baby to full term is responsible for the wellbeing of that pregnancy which would include no drinking and no drugging. So, I do feel that continuing to use drugs and alcohol during your pregnancy is a crime.
The point you made about taking away from the mother the one thing that could possibly aid in sobriety, the baby, is such an excellent point.
Like many, I don’t have a perfect solution for this situation…I just know that this isn’t it.
March 31st, 2008 at 6:13 pm
It is important to keep unborn children safe but there are also 8000 doctors secretly going through drug rehab in the U.S. Their patients don’t know. Isn’t that be a bigger problem
April 2nd, 2008 at 9:14 pm
Yeah, this is a tough issue. And as long as everyone feels safe enough to get treatment without fear of imprisonment–be they pregnant, mothers, doctors, what have you–it’s impossible to rate the seriousness of addiction according to setting. If the doctor is seeking treatment, then at least he or she is aware and working toward solving the problem. If the mother knows she needs help but is afraid to get it because she doesn’t want to go to jail, nobody gets the help they need.
April 3rd, 2008 at 3:16 pm
Valeria, It is a tough issue, who would look for the help they with prison as one of the options. I don’t really see that there is a question unless the mother is carrying a gun. Rehab and treatment is the best thing.
April 3rd, 2008 at 8:30 pm
Rehab and treatment is definitely the best thing for pregnant mothers who are addicts. Hey, it’s the best thing for doctors who are addicts, whether or not they get that treatment in secret. Something like Prop 36 in California where drug offenders have the option of drug treatment and drug court as opposed to serving time might be a good idea in this case. We’ll see what happens….
April 4th, 2008 at 7:00 pm
Valeria
I think doctors should get treatment but even if done secretly maybe they should be on a sabbatical so they aren’t treating others while they are on drugs or in treatment. Drug courts seem to be having success and it sure is cheaper then prison
April 5th, 2008 at 12:50 am
This is an issue that should be debated after the general public, referring to the ill advised or the just plain stereotypical illiterates, receives adequate and unbiased information pertaining to addiction. It would be such a wonderful fairytale concept to think that any person, whether it be a doctor, lawyer, or your simple everyday Joe, could go from early-stage addiction, full-blown addict, or weekend binger to an instant law-abiding citizen who is able to toss her addiction out the window like a burnt out ciggarette butt. Miraculously clean, and absurdly happy of her new buddle of joy. PLEASE……….!!!! So many individuals out there only see the black or white. Where’s the grey area? Instead of slamming down a one-size-fits all sentence perhaps we could start looking at all these unfortunate events that evolved and treat them on a more person to person basis. I, like so many, hate to read when a fetus/newborn dies from seemingly selfish acts of personal pleasure. But I nor anyone out there knows the woman’s whole story. Too many times I read that mothers were scared to come clean for fear of losing their child. There’s times when it’s more dangerous to stop using your drug of choice so the behavior continues. There’s times when a mom is prescribed a certain medication legally and wants to refrain for her baby she already loves, then realizes how difficult it really is. All in all there is just too many issues involved, so for a few choice individuals to sit down and decide one sentence to hand down is just an irresponsible and uneducated approach to dealing with the more serious problem…..active addiction and how to effectivly treat it. Furthermore, since when has the threat of a severe punishement really hindered illegal activity? Hmmmmmmmmm????
April 5th, 2008 at 3:24 am
WOW………..well said Leighanne
April 5th, 2008 at 3:39 am
thanxxxxx
April 9th, 2008 at 11:48 am
Exactly, Leighanne. Threat of prosecution is rarely a deterrent in the face of addiction. Very little is, really, and pushing punishment instead of focusing on the built-in incentive to get and stay clean (in this case, YOUR CHILD) is ridiculous and a waste of state and federal resources. It’s not just getting help but having open access to assistance that is nonjudgmental, nonthreatening, and efficient with follow-up aftercare, parenting classes, in-home visits, etc. And like you said, spending a little time finding out the whole story behind what’s happening with the woman in question may be a bette use of resources than throwing everyone in a cage, possibly forcing their child into the system, and ultimately creating more expense for the state while making the personal problems for the woman and the child exponentially worse.
April 9th, 2008 at 2:03 pm
Absolutely Valeria. Your thoughts are right on. Can you only imangine tossing an infant, that is perhaps hours old, into this thing we call a system? So we have a mother who’s an addict in jail, and her infant in some other institution. Now damn, I know I’m not Einstein but I’m pretty certain if we could ask the baby what they wanted/needed hands down it would be mommy. Addict or not baby already loves mom, just as mom already loves baby. Splitting the two up is dangerous in the long run. So I say, 1). Keep them together, hmmmmmm, how natural. 2). Medically withdraw both with understanding, non-judgemental professionals that specialize in addiction. 3). Provide housing, education, and addiction relapse prevention classes for as long as the woman/baby needs. Sure sounds expensive but then so is non-stop jail-time for a never-ending addict, foster parent after foster parent for the baby, counceling throughout life, etc. I think we should at least try for moms and babies going through this. After all, in less than a year those who really wanted the help and utilized all the tools they learned through hard work will be just fine.
April 10th, 2008 at 5:55 am
Leighanne is right. When you are dealing with individuals you can’t expect to use a cookie cutter approach. Not everyone will succeed but you can try and give them their best chance. If you are trying to help an addict, keeping thoughts of failure at bay and going for the goal of freedom from the effects drugs and alcohol can help the counselor with the addict. At Meditox I would assume you are trying to help a person get stable and off of opiates without having to be in as much discomfort as cold turkey. Most addicts would need rehab to remain drug free after that. Drug free isn’t nirvana, but it is a step in the right direction.