Cardozo Journal of Equal Rights & Social Justice
Abstract
The article argues that criminalizing pregnant women for drug use is both unconstitutional and ineffective. It contends that such prosecutions infringe upon fundamental rights, disproportionately affect minority women, and fail to address the root causes of addiction. The author advocates for a public health approach, emphasizing treatment over punishment to protect both the mother and the fetus.
Disciplines
Civil Rights and Discrimination | Constitutional Law | Criminal Law | Criminal Procedure | Fourteenth Amendment | Law | Law and Gender | Medical Jurisprudence
Recommended Citation
Carla-Michelle Adams,
Criminalization in Shades of Color: Prosecuting Pregnant DrugAddicted Women,
20
Cardozo J. Equal Rts. & Soc. Just.
89
(2013).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol20/iss1/6
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Fourteenth Amendment Commons, Law and Gender Commons, Medical Jurisprudence Commons