A Texas woman becomes the first to be prosecuted under a law against delivery of marijuana to a minor . . . in her womb. The statute provides for a punishment of two to twenty years in prison.
A couple questions about this:
(1) If the state is pursuing an objective of protecting the health of “an unborn child at every state of gestation from fertilization until birth,” does it also criminalize tobacco smoking?
(2) Is imprisoning a newborn’s mother really in the child’s best long-term interest?
Greetings,
Don’t forget about alcohol, in that case, then the mother drinking a glass of Champagne is tantamount to giving alcohol to a minor…
Also, there’s this question, since the unborn is considered a seperate person, then how could a still pregnant mother be imprisoned without the unborn also being imprisoned? After all, the unborn is NOT guilty in this case, yet is punished like the Guilty mother… My guess, forced caesarians.
That’s right. If the fetus is a separate person and the mother gets thrown in jail, then you’re imprisoning an innocent person. That would be at odds with the victim’s rights amendment or something, wouldn’t it? I’d like to see someone sue to see how far we can take this unborn child rule.