The Criminalization of Maternal Substance Abuse: A Quick Fix to a Complex Problem

Abstract

This Comment challenges the current trend in criminalizing maternal substance abuse in terms of both the nature of the problem and the effectiveness of the solution. Part II discusses the historical development of fetal rights and the ensuing impact on the privacy rights of pregnant women. Part III examines the criminal statutes that prosecutors currently use to impose liability on drug-dependent mothers. Additionally, Part III examines the various reasons why prosecution does not effectively solve the problem of maternal substance abuse. Part IV addresses the virtual absence of drug treatment programs available to pregnant women. Part IV also discusses the lack of child care available to these women as they combat their drug addiction. Finally, this Comment concludes that if the goal is to promote the birth of healthy children, the imposition of criminal sanctions is the wrong approach because alternative strategies exist for decreasing fetal exposure to illicit drugs and for strengthening the bond between a mother and child.