Crj 202 Research Paper
CRJ 202 Legal Paper
Paper Topic #3
The state of Olympus is proposing legislation to make it criminal for a woman who is pregnant to become intoxicated voluntarily. The punishment is up one year in prison or an alternative during which the woman will be on probation. During the probation period, the woman will be enrolled in mandatory treatment and counseling for alcohol abuse. If the probation is violated, the woman will face a year in prison, just like the other punishment when the woman is not on probation. The issue with this legislation is whether or not it is constitutionally legal to make it criminal for a pregnant woman who is of the age twenty one and older to become intoxicated at their own free will. The issues in this legislation …show more content…
There is also a portion of society, even doctors that believe a drink of wine every once in a while when pregnant is okay. There are no current statutes or laws that prohibit or make it illegal for pregnant women to drink alcohol, even in a public bar. This is for a reason because there are however statutes in some states that vary, they still prohibit women from using any illegal substances when they are pregnant. The issue in law is whether a fetus is viable, when the fetus considered viable and can the fetus be considered a child under child endangerment or child abuse laws. In the case of Whitner v South Carolina (1997) a woman was convicted of criminal child neglect and sentenced to eight years in prison because she used crack cocaine in the third trimester of her pregnancy, causing her child to be born with an addiction to crack cocaine. The defendant then filed for a post-conviction relief stating that her counsel was ineffective and the court didn’t have the jurisdiction. The South Carolina Supreme Court was looking at the issues of if the trial court was correct in accepting the guilty plea and ineffective counsel and whether the viable fetus is a person or child under the child abuse and endangerment statute in South Carolina. The Supreme Court found that the court was wrong for accepting the ineffective counsel …show more content…
2235 (1993).
State v Gray, 584 U.S. 710 (1992).
Whitner v South Carolina, 492 U.S. 777 (1997).
Law Review:
Congdon, Patricia (2011). Prenatal Prosecution: Taking A Stand For The State and Well-Being Of Its Soon To Be Citizens. Charleston Law Review. 5 CHARLR 621. Retrieved 10 March 2012, from Westlaw Campus database.
Linder, Erin (2005). Punishing Prenatal Alcohol Abuse: The Problems Inherent In Utilizing Civil Commitment to Address Addiction. University of Illinois Law Review. 2005 UILLR 873. Retrieved 10 March 2012, from Westlaw Campus database.
Weber, Ellen (2006). Child Welfare Interventions for Drug Dependent Pregnant Women: Limitations of Non-Public Health Response. UMKC Law Review. 75 UMKC 789. Retrieved 10 March 2012, from Westlaw Campus
Paper Topic #3
The state of Olympus is proposing legislation to make it criminal for a woman who is pregnant to become intoxicated voluntarily. The punishment is up one year in prison or an alternative during which the woman will be on probation. During the probation period, the woman will be enrolled in mandatory treatment and counseling for alcohol abuse. If the probation is violated, the woman will face a year in prison, just like the other punishment when the woman is not on probation. The issue with this legislation is whether or not it is constitutionally legal to make it criminal for a pregnant woman who is of the age twenty one and older to become intoxicated at their own free will. The issues in this legislation …show more content…
There is also a portion of society, even doctors that believe a drink of wine every once in a while when pregnant is okay. There are no current statutes or laws that prohibit or make it illegal for pregnant women to drink alcohol, even in a public bar. This is for a reason because there are however statutes in some states that vary, they still prohibit women from using any illegal substances when they are pregnant. The issue in law is whether a fetus is viable, when the fetus considered viable and can the fetus be considered a child under child endangerment or child abuse laws. In the case of Whitner v South Carolina (1997) a woman was convicted of criminal child neglect and sentenced to eight years in prison because she used crack cocaine in the third trimester of her pregnancy, causing her child to be born with an addiction to crack cocaine. The defendant then filed for a post-conviction relief stating that her counsel was ineffective and the court didn’t have the jurisdiction. The South Carolina Supreme Court was looking at the issues of if the trial court was correct in accepting the guilty plea and ineffective counsel and whether the viable fetus is a person or child under the child abuse and endangerment statute in South Carolina. The Supreme Court found that the court was wrong for accepting the ineffective counsel …show more content…
2235 (1993).
State v Gray, 584 U.S. 710 (1992).
Whitner v South Carolina, 492 U.S. 777 (1997).
Law Review:
Congdon, Patricia (2011). Prenatal Prosecution: Taking A Stand For The State and Well-Being Of Its Soon To Be Citizens. Charleston Law Review. 5 CHARLR 621. Retrieved 10 March 2012, from Westlaw Campus database.
Linder, Erin (2005). Punishing Prenatal Alcohol Abuse: The Problems Inherent In Utilizing Civil Commitment to Address Addiction. University of Illinois Law Review. 2005 UILLR 873. Retrieved 10 March 2012, from Westlaw Campus database.
Weber, Ellen (2006). Child Welfare Interventions for Drug Dependent Pregnant Women: Limitations of Non-Public Health Response. UMKC Law Review. 75 UMKC 789. Retrieved 10 March 2012, from Westlaw Campus