In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.
This groundbreaking book addresses the ominous trend of introducing and passing laws and court decisions regulating the actions of women and the control of their bodies. One of the few books published on the criminalization of women’s bodies, this timely book takes a serious look at the effect these laws would have on women and the threat to their autonomy, privacy, and control; their bodily integrity; control over reproductive capacities; and their constitutional rights. From ancient literature to the literature and law of contemporary society, a woman’s value has often rested on her fulfilling expected roles as wife and mother. The lack of respect for women inherent in this predominantly male-oriented line of thinking is reinforced in this new trend of legislation and court decisions attempting to regulate women’s behavior and reproductive capacity. The Criminalization of a Woman’s Body thoroughly discusses these special laws governing women’s personal choices and the threats these laws and court decisions pose to women’s autonomy and constitutional rights. Scholars from Israel, Italy, and the United States provide a multidimensional discussion of the problem facing women in many, if not all, countries. Contributors represent various disciplines including, law, philosophy, medicine, political science, sociology, women’s studies, and criminal justice. Articles analyze sensitive issues surrounding abortion and its impending criminalization in several countries; controversial topics on contract motherhood; the power of administrative agencies to control and informally criminalize pregnant women and new mothers; policies meant to protect the fetus from pregnant women who deviate from medically, socially, and legally sanctioned behavior which may deter women from seeking any medical care; and the destruction of families due to the criminalization of pregnant women and new mothers and the consequent removal of their children and placement into foster care. Professors, students, librarians, agency workers dealing with women’s issues, and women and men in the general public will find this important book a helpful tool in sorting through the complex issues on criminalizing women’s bodies.
In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.
This book considers the appropriate response of the criminal law with regard to women whose acts or omissions in pregnancy cause the death or injury of the child born alive. It compares recent developments in English law in the light of the Human Rights Act 1998, with those in America, which has seen an enormous growth in litigation over the last two decades. In England and Wales, the 'born alive rule' is currently applied only to third parties who injure the fetus, which is later born alive and dies as a result of these injuries. In some American states, a rule of similar origins has been extended so as to criminalize recent mothers whose acts or omissions in pregnancy caused injury or death to the resulting child. The author examines the implications of the laws in both systems, and also looks at the rights of the mother and child in relation to the obligations of the state to protect both of them.
Laws Relating to Sex, Pregnancy, and Infancy examines case law and legislation in regards to reproduction, pregnancy, and infancy. Cusack explores the winding pathways of legal precedence and action on the social conditions of pregnancy and childbirth, and draws from criminal and court procedures and behavioral science to determine if the law is acting in the best interest of those vulnerable populations. Cusack surveys interpersonal, familial, and societal problems presented throughout history and currently facing contemporary generations, questioning whether the criminal justice system can evolve to support the growing needs of its citizens most in need of legal assistance.
Legal, medical, and social regulation of pregnant women has been an understudied topic in sociology and criminology. While difficult to say how pervasive this phenomenon is, Paltrow and Flavin (2013) have the most comprehensive research on its magnitude. They documented 413 women who were civilly or criminally confined because of their pregnancies. My research sought to extend this work by understanding the processes, legal hurdles, and specific details of each woman's story as she came under scrutiny during her pregnancy. What was it about pregnancy that invoked the use of legal force to control a woman's body? How did doctors, nurses, and other medical professionals respond to women who had problematic pregnancies? Using 26 case studies of women who were criminalized based on their pregnant status, I examined the processes by which these women were regulated and why the regulation occurred. Although each case is unique, when taken as a whole, I found that the women were not trusted to make good decisions on behalf of their fetuses and that doctors, nurses, police, social workers, and judges intervened to take away their agency. Criminal and civil laws were mobilized against women to force them to conform to the wishes of these social control actors. I give several policy suggestions in order to effect change and argue that creating a culture of prevention would lead to better success at fostering good pregnancy behaviors and would ensure the goal of healthy children more than the current reliance on criminalization practices. I suggest that prevention, not regulation would be a better process for both the mother and the baby because it reduces actual harm, but also because it has practical economic implications and gives doctors the ability to do what they do best: practice medicine, not law.
Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and "tort" and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.
A tiny African-American baby lies in a hospital incubator, tubes protruding from his nostrils, head, and limbs. "He couldn't take the hit," the caption warns. "If you're pregnant, don't take drugs." Ten years earlier, this billboard would have been largely unintelligible to many of us. But when it appeared in 1991, it immediately conjured up several powerful images: the helpless infant himself; his unseen environment, a newborn intensive care unit filled with babies crying inconsolably; and the mother who did this -- crack-addicted and unrepentant. Misconceiving Mothersis a case study of how public policy about reproduction and crime is made. Laura E. Goacute;mez uses secondary research and first-hand interviews with legislators and prosecutors to examine attitudes toward the criminalization and/or medicalization of drug use during pregnancy by the legislature and criminal justice system in California. She traces how an initial tendency toward criminalization gave way to a trend toward seeing the problem of "crack babies" as an issue of social welfare and public health. It is no surprise that in an atmosphere of mother-blaming, particularly targeted at poor women and women of color, "crack babies" so easily captured the American popular imagination in the late 1980s. What is surprising is the way prenatal drug exposure came to be institutionalized in the state apparatus. Goacute;mez attributes this circumstance to four interrelated causes: the gendered nature of the social problem; the recasting of the problem as fundamentally "medical" rather than "criminal"; the dynamic nature of the process of institutionalization; and the specific features of the legal institutions -- that is, the legislature and prosecutors' offices -- that became prominent in the case. At one levelMisconceiving Motherstells the story of a particular problem at a particular time and place how the California legislature and district attorneys grappled with pregnant women's drug use in the late 1980s and early 1990s. At another level, the book tells a more general story about the political nature of contemporary social problems. The story it tells is political not just because it deals with the character of political institutions but because the process itself and the nature of the claims-making concern the power to control the allocation of state resources. A number of studies have looked at how the initial criminalization of social problems takes place.Misconceiving Motherslooks at the process by which a criminalized social problem is institutionalized through the attitudes and policies of elite decision-makers. Author note: Laura E. Gomezis Acting Professor of Law and Sociology, University of California, Los Angeles.
