‘policing pregnancy’

Policing PregnancyPolicing Pregnancy

Cynthia R. Daniels

Professor and Chair

Political Science Department

Rutgers University

New Brunswick, N.J.

crd@rci.rutgers.edu

Cynthia R. Daniels

Professor and Chair

Political Science Department

Rutgers University

New Brunswick, N.J.

crd@rci.rutgers.edu

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.