Should A Mother Be Prosecuted When They Cause Damage To A Fetus?

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I am on the fence as to whether or not a mother should be prosecuted when they cause damage to a fetus with drug use. On one side I believe that mothers should be prosecuted for causing damage to the fetus, the mother’s actions were detrimental to the unborn child. Whether the mother is causing damage by using illegal drugs or legal drugs, it is all dangerous for an unborn child. However, if we are going to punish mothers for causing harm to a fetus by doing activities such as smoking, are we also going to punish them for have coffee or soda. According to Parke and Gauvain (2009), the effects of caffeine can also be detrimental to fetal development (p.82). On the other side of the fence, if we think of drug addiction as a medical condition, how do we punish someone for having an illness. We wouldn’t punish a mother who had diabetes and passed that on to her child. I can understand how some women would not seek out prenatal care in fear of being arrested and losing her child. While we have seen for years that the fear of facing criminal charges does not stop a person from using drugs, I …show more content…

I recently read an article that discussed what Portugal is doing in response to drug abuse, 15 years ago Portugal actually decriminalized all drugs for personal use, which resulted in the rates of drug abuse dropping in half (Branch, 2015). Rather than spending tons of money arresting and imprisoning drug addicts, Portugal is using that money to attempt to help drug addicts by offering treatment and helping them become useful in society, rather than a being drain (Branch, 2015). I think if more places offered treatment instead of punishment for drug addicts, more places would see the same success that Portugal has. Then hopefully, less drug addicted children would be born, and maybe more mothers would get proper prenatal

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