Inconsistent State Court Rulings Concerning Pregnancy-Related Behaviors

State courts vary in their willingness to protect pregnant women\u27s rights to self-determination, bodily integrity, privacy, and religious freedom; these rights are sometimes outweighed by fetal rights to live. Different state courts have issued many competing decisions, which emphasizes a lack of unification in this area of law. This inconsistency in the law creates confusion for women concerning the scope of their legal protections and alters women\u27s selection of prenatal care and decision to give birth. Thus, it is important to recognize the prevailing themes and grounds on which courts have rested their opinions. An analysis of these state court rulings will expose a lack of unification among states\u27 interests in protecting either women\u27s rights or fetal rights. This article will first identify the factors that courts have used in their rulings; these are the factors that judges most often have used to support or limit pregnant women\u27s constitutional rights. A psycho-legal analysis then examines the effects of inconsistent rulings on women, the medical profession, and the law. The concluding section will provide recommendations for pregnant women and offer policy suggestions

Inconsistent State Court Rulings Concerning Pregnancy-Related Behaviors

State courts vary in their willingness to protect pregnant women\u27s rights to self-determination, bodily integrity, privacy, and religious freedom; these rights are sometimes outweighed by fetal rights to live. Different state courts have issued many competing decisions, which emphasizes a lack of unification in this area of law. This inconsistency in the law creates confusion for women concerning the scope of their legal protections and alters women\u27s selection of prenatal care and decision to give birth. Thus, it is important to recognize the prevailing themes and grounds on which courts have rested their opinions. An analysis of these state court rulings will expose a lack of unification among states\u27 interests in protecting either women\u27s rights or fetal rights. This article will first identify the factors that courts have used in their rulings; these are the factors that judges most often have used to support or limit pregnant women\u27s constitutional rights. A psycho-legal analysis then examines the effects of inconsistent rulings on women, the medical profession, and the law. The concluding section will provide recommendations for pregnant women and offer policy suggestions

Assessing Legal Responses to Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes than Punitive Responses

Expressing a growing concern for fetal well being, the 2006 Idaho Senate passed legislation that permits criminal charges to be brought against women who abuse illegal drugs while pregnant. This bill allows for the potential incarceration of violators for up to five years, as well as a possible $50,000 fine. In some locations, women have the option of choosing to go to drug court instead of serving time in jail or prison. These drug courts provide drug treatment, case management, drug testing, and supervision, while requiring women who abuse illegal drugs to regularly report to scheduled status hearings before a judge. Legislators, such as Idaho Senator Kate Kelly, have criticized these laws for being punitive. Such critics believe that addiction to methamphetamine is an illness and not a crime. Some critics are also concerned about the law\u27s effects on families. Senator Kelly also said, [c]riminalization of substance abuse, [and] the separation of infants from their mother, is not in the best interest of Idaho families. In other words, punitive measures are not necessarily the best policies; other options should be considered first. Also, Senator Denton Darrington stated [t]he goal of this legislation is to avoid the birth of meth babies. . . . While the current legal actions taken against prenatal substance abusers are intended to produce positive outcomes, such as healthier fetuses and mothers, negative results are possible. Avoidance of prenatal care, constitutional infringements, and discrimination are just a few of the possible negative effects. For example, while legislatures hope the new Idaho law will prevent prenatal drug abuse, experts fear that pregnant drug users will not seek prenatal care for fear of being prosecuted

Assessing Legal Responses to Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes than Punitive Responses

Expressing a growing concern for fetal well being, the 2006 Idaho Senate passed legislation that permits criminal charges to be brought against women who abuse illegal drugs while pregnant. This bill allows for the potential incarceration of violators for up to five years, as well as a possible $50,000 fine. In some locations, women have the option of choosing to go to drug court instead of serving time in jail or prison. These drug courts provide drug treatment, case management, drug testing, and supervision, while requiring women who abuse illegal drugs to regularly report to scheduled status hearings before a judge. Legislators, such as Idaho Senator Kate Kelly, have criticized these laws for being punitive. Such critics believe that addiction to methamphetamine is an illness and not a crime. Some critics are also concerned about the law\u27s effects on families. Senator Kelly also said, [c]riminalization of substance abuse, [and] the separation of infants from their mother, is not in the best interest of Idaho families. In other words, punitive measures are not necessarily the best policies; other options should be considered first. Also, Senator Denton Darrington stated [t]he goal of this legislation is to avoid the birth of meth babies. . . . While the current legal actions taken against prenatal substance abusers are intended to produce positive outcomes, such as healthier fetuses and mothers, negative results are possible. Avoidance of prenatal care, constitutional infringements, and discrimination are just a few of the possible negative effects. For example, while legislatures hope the new Idaho law will prevent prenatal drug abuse, experts fear that pregnant drug users will not seek prenatal care for fear of being prosecuted

Improving the AMBER Alert System: Psychology Research & Policy Recommendation

When lawmakers implemented the AMBER Alert System, they initi­ated a system designed to save the lives of missing children. However, the system might not be working as well as possible. If psychological research on related areas (e.g., memory and witness identification) extends to AMBER Alerts, it is likely that the system can be improved. Section II of this article begins with a description and history of the AMBER Alert System, followed by a brief discussion of the effectiveness of the system. Section III continues with a review of numerous psycho­ logical studies that have important implications when applied to the AMBER Alert System. In Section IV, the authors make suggestions for improvements to the AMBER Alert System based on the reviewed re­ search literature. Section V offers policy suggestions for improving the System, such as designating more money toward psychological research on AMBER Alerts. Finally, the paper concludes with suggestions for future research directly measuring the effectiveness of the AMBER Alert System. These steps are desperately needed to fully realize the visions of lawmakers who crafted the legislation