Pregnant chemically dependent women: The new criminals

The latest casualties in the war on drugs are pregnant, chemically dependent women, who are viewed as the perpetrators of fetal abuse. Recent litigation has elevated the rights of the fetus over the rights of the mother. This article examines the medical and legal basis for the punitive policies directed at pregnant, chemically dependent women and suggests an alternative policy. Pregnancy is increasingly becoming the basis for determining criminal behavior. Advances in medical technology, commu-nity attitudes toward deviant behavior, and interest in the rights of fetuses have contributed to the enactment of laws and poli-cies that are gender specific and based on a temporary physical condition. The war on drugs has become a war on pregnant women, particularly poor women of color. As attempts to reduce both the supply of and demand for mood-altering chemicals b