Criminal Charges for Child Harm from Substance Use in Pregnancy

Cara Angelotta1, Paul S Appelbaum2

  • 1Dr. Angelotta is Instructor of Psychiatry and Behavioral Sciences, Department of Psychiatry, Northwestern University Feinberg School of Medicine, Chicago, IL. Dr. Appelbaum is Elizabeth K. Dollard Professor of Psychiatry, Medicine, and Law, Department of Psychiatry, Columbia University, and Director, Division of Law, Ethics, and Psychiatry, Columbia College of Physicians and Surgeons, and NY State Psychiatric Institute, New York, NY. cara.angelotta@northwestern.edu.

Summary

Most women prosecuted for substance use during pregnancy had charges dismissed or convictions overturned. Judicial decisions hinged on whether a fetus is legally considered a child, highlighting the need for legislative clarity.

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