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Introduction

Published online by Cambridge University Press:  25 August 2022

Wendy A. Bach
Affiliation:
University of Tennessee School of Law
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Summary

In the spring of 2013, in a hearing room in Tennessee, a group of legislators came together to create a new crime – the crime of fetal assault. A woman would be guilty of this crime if she took illegal narcotics while pregnant and her child was harmed as a result. The maximum punishment for this crime was eleven months and twenty-nine days in jail. Ultimately over the course of two years, about 120 mostly low-income women – rural, urban, Black, and white – would be prosecuted in Tennessee for fetal assault. The law was justified, in large part, by a very strange and deeply disturbing set of ideas: that the only way to help women who used illegal drugs while pregnant was to prosecute them, and that the prosecution itself was not only a road to treatment but was actually a form of treatment in and of itself. Despite these perhaps benevolent seeming ideas, the reality was quite different. Overwhelmingly, those women pled guilty and faced sentencing.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Introduction
  • Wendy A. Bach
  • Book: Prosecuting Poverty, Criminalizing Care
  • Online publication: 25 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108693783.001
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  • Introduction
  • Wendy A. Bach
  • Book: Prosecuting Poverty, Criminalizing Care
  • Online publication: 25 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108693783.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Wendy A. Bach
  • Book: Prosecuting Poverty, Criminalizing Care
  • Online publication: 25 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781108693783.001
Available formats
×