he grounds that the word ôdeliveryö did not mean ôthrough the umbilical cordö (Kubasek 170). However, in the 1996 case of Whitner v. State, 492 S.E.2d 777 (S.C. 1997) cert. denied 523 U.S. 1145 (1998), the Supreme Court of South Carolina became the first of the highest state courts to uphold a womanÆs conviction for child endangerment based on her use of cocaine during her pregnancy (Kubasek 170).
In 2001, the Journal of the American Medical Association (JAMA) released a study that demonstrated the prenatal cocaine use did, in some cases, have a negative effect on a fetus and could lead to long-term developmental problems in some children (Franke et. al., 2003, p. 1613). However, the report also argued that the phenomenon of ôcrack babiesö had led to ôexaggerated views of [the effects of prenatal use of cocaine on fetal development and] have provided the rationale for selectively targeting pregnant women who use cocaine for sanctions even more punitive than those imposed on women who use other illicit substancesö (Franke et al., 2001, p. 1613). In addition, the researchers noted that women who use drugs û in their study, cocaine in particular û during pregnancy are more likely than other pregnant women to live in poverty, smoke, drink, use other illegal drugs and have general poor health and impaired caregiving (Franke et. al., 2001, p. 1613).
In summarizing their research, the studyÆs authors pointed out that criminal prosecutions of such women do not reduce the risks to the fetus or the child. Rather, they argue that such prosecutions might put the unborn child at greater risk because the fear of prosecution may discourage pregnant and parenting women from seeking prenatal care and drug treatment (Franke et. al., 2001, p. 1613). Moreover, stig
...