‘policing pregnancy’
DESCRIPTION
In the United States, pregnant women have come under a nearly microscopic public ‘lens’ regarding their behavior during pregnancy. Pregnant women are increasingly cast as a form of ‘public property’ with women warned against hundreds of risks, from eating deli meats, Camembert cheese and alfalfa sprouts to the ubiquitous stern warnings about smoking and alcohol use. In its most extreme form, the policing of pregnancy has led to the criminal prosecution of women for in utero ‘child neglect, abuse or endangerment’, delivering drugs to a ‘minor’ or even, as in one case, convicted of homicide for a stillbirth that the court claimed was the result of drug use during pregnancy (with a prison sentence of 12 years).TRANSCRIPT
Policing PregnancyPolicing Pregnancy
Cynthia R. Daniels
Professor and Chair
Political Science Department
Rutgers University
New Brunswick, N.J.
Cynthia R. Daniels
Professor and Chair
Political Science Department
Rutgers University
New Brunswick, N.J.
Policing PregnancyPolicing Pregnancy
I. Public Pregnancy (Warnings)
II. Policing Pregnancy (Prosecutions)
III. Invisible Fathers (Paternal-Fetal Harm)
I. Public Pregnancy (Warnings)
II. Policing Pregnancy (Prosecutions)
III. Invisible Fathers (Paternal-Fetal Harm)
Pregnancy WarningsPregnancy Warnings
Swordfish, mackerel Game fish, trout…. Shellfish Deli meats (turkey, ham, salami, etc) Hot dogs, smoked seafood, pates Brie, Camembert, feta Spouts Herbal supplements or Herbal teas
Swordfish, mackerel Game fish, trout…. Shellfish Deli meats (turkey, ham, salami, etc) Hot dogs, smoked seafood, pates Brie, Camembert, feta Spouts Herbal supplements or Herbal teas
Native American BabiesNative American Babies
Mandatory Warning SignsMandatory Warning Signs
Number of StatesNumber of States
Early pregnancy warnings…Could you be pregnant?
Early pregnancy warnings
Early pregnancy warnings…Could you be pregnant?
Early pregnancy warnings
Few images of fathers…Few images of fathers…
Smoking and PregnancySmoking and Pregnancy
Federal Occupational Health Standards: Lead DBCP Radiation Contagious diseases (HIV) Anesthetic Gases Ethylene Oxide
Federal Occupational Health Standards: Lead DBCP Radiation Contagious diseases (HIV) Anesthetic Gases Ethylene Oxide
Policing Pregnancy:Prosecutions
Policing Pregnancy:Prosecutions
20 states have prosecuted pregnant women Over 200 prosecution cases since 1980 for:
Child endangerment Drug Delivery to a ‘minor’ Child Neglect or Abuse Homicide or Feticide
20 states have prosecuted pregnant women Over 200 prosecution cases since 1980 for:
Child endangerment Drug Delivery to a ‘minor’ Child Neglect or Abuse Homicide or Feticide
State regulationsState regulations
15 states consider substance abuse to be child abuse
14 states require report suspected prenatal drug abuse
4 states require testing for suspected prenatal drug exposure
3 states allow civil commitment of pregnant women
15 states consider substance abuse to be child abuse
14 states require report suspected prenatal drug abuse
4 states require testing for suspected prenatal drug exposure
3 states allow civil commitment of pregnant women
Pregnancy and Alcohol Reporting
Pregnancy and Alcohol Reporting
Pregnancy and Alcohol Reporting
Pregnancy and Alcohol Reporting
Authorizing Civil CommitmentAuthorizing Civil Commitment
Civil CommitmentCivil Commitment
Limitations on Criminal ProsecutionLimitations on Criminal Prosecution
Regina McKnight v South Carolina (2003) Regina McKnight v South Carolina (2003)
Suffered a stillbirth in 3rd trimester
Convicted of ‘homicide by child abuse for drug use (cocaine) during pregnancy
Sentenced to 12 years in prison
Suffered a stillbirth in 3rd trimester
Convicted of ‘homicide by child abuse for drug use (cocaine) during pregnancy
Sentenced to 12 years in prison
Regina McKnight(May, 2008)
Regina McKnight(May, 2008)
Released on appeal after serving 5 years in prison
Based on failure to prove causation between drug use and stillbirth; no autopsy
Michelle Geiser Behles v. North Dakota (2008)
Michelle Geiser Behles v. North Dakota (2008)
Convicted of child endangerment after she suffered a stillbirth at 29 weeks
Accused of overusing prescription medication during her pregnancy.
State’s attorney general: “a child is defined as an individual who is under the 18 years of age”
Convicted of child endangerment after she suffered a stillbirth at 29 weeks
Accused of overusing prescription medication during her pregnancy.
State’s attorney general: “a child is defined as an individual who is under the 18 years of age”
Michelle Geiser Behles v. North DakotaMichelle Geiser Behles v. North Dakota
Overturned by ND Supreme Court 2009
Fetus not a ‘child’ under state law
Remains in prison on drug possession charges
Overturned by ND Supreme Court 2009
Fetus not a ‘child’ under state law
Remains in prison on drug possession charges
C-section casesC-section cases
New Jersey v. ‘V.M’ (July 2009)-Enters hospital in labor at 35 weeks-Refuses to sign preauthorization for c-section “in
event of fetal distress”-Gives birth to healthy baby-Reported to child welfare and loses custody at birth-Parents charged with ‘medical neglect’--Neglect charged overturned on appeal, but lost
custody
New Jersey v. ‘V.M’ (July 2009)-Enters hospital in labor at 35 weeks-Refuses to sign preauthorization for c-section “in
event of fetal distress”-Gives birth to healthy baby-Reported to child welfare and loses custody at birth-Parents charged with ‘medical neglect’--Neglect charged overturned on appeal, but lost
custody
The Invisible ManThe Invisible Man
Presumed exclusive responsibility of pregnant women for fetal health/harm
Assumption of men’s distance from fetal health/harm
Assumption of male invulnerability to reproductive harm
Presumed exclusive responsibility of pregnant women for fetal health/harm
Assumption of men’s distance from fetal health/harm
Assumption of male invulnerability to reproductive harm
Paternal-Fetal HarmPaternal-Fetal Harm
Occupational/Environmental Alcohol/Smoking Illicit Drugs Paternal Age
Occupational/Environmental Alcohol/Smoking Illicit Drugs Paternal Age
Male-mediated exposures
Occupational: Lead DBCP Research by occupation
Seveso, Italy (1976)
Male-mediated exposures
Drugs:
Illicit drugs Opiates
Chemotherapeutic Drugs cyclophosphamide
Male-mediated exposures
“Lifestyle” factors:
Alcohol Nicotine
Male-mediated exposures
Wartime exposures: Vietnam vets and Agent Orange (herbicide) (12 million barrels sprayed in Vietnam) Spina bifida in children exposed soldiers father 1996: Clinton extends benefits to children
Male-mediated exposuresMale-mediated exposures
Paternal Age --increased rates of mutational errors
Risk of schizo 2x for fathers 45-49, 3x for fathers 50 years or older
Risk of autism 6x for fathers age 40+ (compared to men under 30) Autism rates 4:1 male to female ratio
Paternal Age --increased rates of mutational errors
Risk of schizo 2x for fathers 45-49, 3x for fathers 50 years or older
Risk of autism 6x for fathers age 40+ (compared to men under 30) Autism rates 4:1 male to female ratio
From Pregnant WomanTo Reproductive Parents
Regulatory standards must address male reproductive harm and male-mediated fetal harm
Funding for research must address male risk factors
Change how we think about reproductive differences between men and women to recognize male reproductive risks.