This Comment is intended to enable advocates for pregnant women to challenge the impermissible and unconstitutional prosecutions of pregnant drug users for criminal child abuse and endangerment. The Comment surveys the history of such prosecutions, and considers the policy justifications for them, before turning to an analysis of the frameworks that state appellate and supreme courts have applied in holding that these prosecutions may not proceed under various state laws. In summarizing the various challenges that may be brought to criminal prosecutions of pregnant drug addicts, this Comment illuminates the strategies that have been successful in previous cases, and offers various notes for those challenging future prosecutions.
The Journal of Criminal Law & Criminology was founded in 1910 by Dean John Henry Wigmore, and has played a unique role in the criminal justice debate ever since. The journal provides a forum for dialogue and debate on current criminal law and criminology issues. The journal is one of the most widely read and cited legal publications in the world and is the third most widely subscribed journal published by any law school in the country. Its readership includes judges and legal academics, as well as practitioners, criminologists, and police officers. It publishes research in criminal law and criminology that addresses concerns pertinent to most of American society. The journal strives to publish the very best scholarship in this area, inspiring the intellectual debate and discussion essential to the development of social reform.
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The Journal of Criminal Law and Criminology (1973-)
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