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8 - The Pregnancy Penalty: When the State Gets It Wrong

Published online by Cambridge University Press:  07 February 2020

Michele Goodwin
Affiliation:
University of California, Irvine
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Summary

This chapter highlights how legislators, prosecutors, and judges sympathetic to a tough-on-crime or “using the stick” approach to pregnant women and their bodies miscalculate the human and financial costs of their decision-making. Their approaches do not improve health outcomes for women or their children. Rather, legislators, prosecutors, and judges are misguided to believe that harsh criminal punishments and invasive civil sanctions reduce the incidents of miscarriage, stillbirth, low birth weight, genetic abnormalities, childhood asthma, obesity, diabetes, and more. Yet, these conditions are not improved, let alone cured, through criminal punishment or civil confinement of pregnant women.

Type
Chapter
Information
Policing the Womb
Invisible Women and the Criminalization of Motherhood
, pp. 129 - 148
Publisher: Cambridge University Press
Print publication year: 2020

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