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AN INTERESTING CASE
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AN INTERESTING CASE  There is a court case being held in the UK that is attracting much interest and that has got me thinking a lot. I do think sometimes! In the Court of Appeal, lawyers are claiming that a girl’s mother’s heavy drinking during pregnancy constituted attempted manslaughter and that the seven year-old girl is thus entitled to compensation for criminal damages. The girl was born with foetal alcohol spectrum disorder, involving a range of birth defects such as brain damage, caused by the maternal consumption of alcohol during pregnancy. In this court case, the pregnant mother ignored warnings from social workers and medical staff not to drink alcohol during her pregnancy. The mother was reported to have drunk half a bottle and eight cans of strong lager daily while pregnant, though she did stop taking cannabis, LSD and amphetamines when pregnant. When born, the baby was removed from the care of the mother and is being cared for by a local authority. The case raises vexed issues of whether the mother’s drinking while pregnant is a criminal act and whether the unborn is a person in law. In Britain, the issue is treated more as a public health issue than a criminal issue, though many are now calling for excessive drinking during pregnancy to be made a criminal act like, for examples, smoking in public places and drink-driving that are criminalised in many countries. The American, Australian and British governments all advise pregnant women not to drink during pregnancy. In America, some women have been imprisoned for drinking heavily while pregnant. But surveys in America have found that up to 30 per cent of pregnant mothers have consumed alcohol while pregnant. Do you think pregnant women who drink excessive alcohol during pregnancy should be prosecuted? Do you think a foetus is a person in the legal sense? Have you been involved in a court case? I’m torn on this issue. I don’t think a foetus is a legal personality. But I’m not sure about criminalising the excessive consumption of alcohol during pregnancy. In no way condoning pregnant women who drink excessive alcohol, I’m not sure what good will come of making such behaviour a criminal act. If this behaviour is criminalised, should pregnant women who eat unpasteurised cheese and soft boiled eggs also be prosecuted? Should parents who smoke in front of their be prosecuted? Should car drivers who emit toxic exhaust fumes be prosecuted? Should people who have grass lawns causing discomfort to hay fever sufferers be prosecuted? Should bankers who make risky loans be prosecuted? Should politicians who break their promises be prosecuted? Should people who eat meat be prosecuted? And, most critically, should people who fart a lot and thus emit greenhouse gas emissions be prosecuted? The list can go on and on until we’re all criminalised and imprisoned! I’ve only appeared in court once when I attended a court hearing to defend myself against a charge that I was driving an unroadworthy car. I lost the case, which is now a much under-reported miscarriage of justice!  |
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This sounds like a slippery slope, considering the ongoing battle of pro life and pro abortion. If the court rules in favor of attempted manslaughter for consuming alcohol while pregnant, then on the same note they would have to rule abortion as murder. I think the government should take their time before making any kind of ruling or this could cause a huge issue, possibly causing young mothers to take matters into their own hands, in fear of repercussions. One on one consult - For all your love and relationship needs. The one question challenge - One free question! Ask me anything!
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Except for the fact that after the baby was born, the mother's drinking was no longer a factor in that baby's life. What the mother would be charged for, occurred while the baby was unborn, not after. Again, a slippery slope, which is why I hope they think long and hard about their ruling. One on one consult - For all your love and relationship needs. The one question challenge - One free question! Ask me anything!
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Do you think pregnant women who drink excessive alcohol during pregnancy should be prosecuted? it is a real shame what happens to the baby when they are born.. Same as drug users too. I think something should be done. Do you think a foetus is a person in the legal sense? can't answer.. Have you been involved in a court case? no Become a blog watcher sweet_vm
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Excessive drinking is an illness, not a criminal act! Not gonna answer the second question on this site! Yes.....for my divorce.....and summoned for jury duty once, but never got chosen! Spunky!!!! you had a miscarriage?? 
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this one is a hard one to call would love to be in the courtroom to hear the details of this case.. I think before anyone makes up their minds we should have all the info about the case including legal precedent, this might end up setting one........ which may not be the best for society as a whole. 4  if love isn't the answer, than I misunderstood the question
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yeah you are right..
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1. Probably not, who are we to judge? And the woman has to live with her actions after the fact........ 2. I'm not sure, I probably lean towards thinking not. 3. Nope.
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This sounds like a slippery slope, considering the ongoing battle of pro life and pro abortion. If the court rules in favor of attempted manslaughter for consuming alcohol while pregnant, then on the same note they would have to rule abortion as murder. I think the government should take their time before making any kind of ruling or this could cause a huge issue, possibly causing young mothers to take matters into their own hands, in fear of repercussions. Thanks for stoppping by. 
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The baby can take out a private prosecution, but the state may not be able to prosecute for attempted manslaughter as the baby was not born when the 'offence' took place. The judges have yet to make a decision on this case. Thanks for stopping by.
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What a fraught topic!?!? Okay, here's what I think... I do think women who actively engage in activities that they have been warned are likely to have negative health consequences for the foetus growing inside them should be prosecuted if that child is born with defects that will have a severely limiting quality upon its life and make supporting it a drain on the taxpayer. I think a foetus should be granted legal status as a person in their own right from the beginning of the third trimester of gestation when the child is most likely to be carried to full-term. I have never been a defendant in a court case.
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Dealing with people with addiction issues is difficult but help needs to be offered to prevent harm done to others and themselves. My divorce wasn't contested so I didn't have to make a court appearance.
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Do you think pregnant women who drink excessive alcohol during pregnancy should be prosecuted? it is a real shame what happens to the baby when they are born.. Same as drug users too. I think something should be done. Do you think a foetus is a person in the legal sense? can't answer.. Have you been involved in a court case? no
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Do you think pregnant women who drink excessive alcohol during pregnancy should be prosecuted? Maybe! Do you think a foetus is a person in the legal sense? No but there is a time period where it becomes a person! Have you been involved in a court case? Many!
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In Britain, we have a Criminal Injuries Compensation Authority to compensate blameless victims of violent crime for any physical and mental harms. The compensation monies are tax monies. If the mother wasn't poor, she could be taken to court for such compensation.
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Excessive drinking is an illness, not a criminal act! Not gonna answer the second question on this site! Yes.....for my divorce.....and summoned for jury duty once, but never got chosen! Spunky!!!! you had a miscarriage??
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'Excessive drinking is an illness, not a criminal act!' Really??? In ordinary circumstances, when it won't result in birth defects, I would agree. Drinking during pregnancy that causes birth defects to a new life when the dangers are known, should be a criminal act. That new life is destroyed by deformity and intellectual impairment. If a woman who is alcoholic and cannot break the binds of her alcohol dependency, she should have a pregnancy termination very early if her habit is likely to destroy another developing life. How would you like to be the deformed, intellectually impaired child whose deformities and impairments were lifelong because your mother consumed heavy quantities of alcohol during your development??? Her illness has destroyed your life. Only a drunk would be sympathetic to the cause of a woman who destroys a life developing inside her by condemning it to deformity and impairment. I have been a drunk... If you are determined, you can break the dependency and I did. I'm very pleased that you overcame your alcohol problems but I'm aware that many people struggle to overcome their problems with often tragic consequences.
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this one is a hard one to call would love to be in the courtroom to hear the details of this case.. I think before anyone makes up their minds we should have all the info about the case including legal precedent, this might end up setting one........ which may not be the best for society as a whole.
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I too think treatment of alcohol addiction is much better at first than criminal prosecution.
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Really hesitant to comment, but urging caution. Our freedom is far too precious to give up because an individual or few individuals exercise poor judgement. The matter has already been decided in the state of Tennessee where it is a criminal offense to use drugs while pregnant and the mother will be prosecuted for harming her unborn child. Wisconsin is now seeking to criminalize co-sleeping with infants while the mother is intoxicated. SIDS is unexplained infant death, it is higher in Black, Native American and Alaskan populations as well as in the Urban population where coincidentally there are higher rates of alcohol and other substance abuse. To combat SIDS, the back to sleep campaign has been instituted, not without consequence. Now we are seeing a dramatic increase in developmental delays in infant in crawling and walking and worse deformities of the head and skull so severe as to require surgical repair or wearing a helmet for up to year to correct the deformity that is a direct result of the Back to Sleep campaign. So the many have had negative impact to prevent harm to the few who may die from SIDS. SIDS may also be caused by co-sleeping or by exposure to tobacco smoke. They would like to increase breast feeding, but decrease co-sleeping. So are we going to prosecute the mother who co-sleeps and breast feeds but has accidentally suffocated her infant in the night. Or prosecute mothers who smoke and the child dies due to asthma or other unexplained event. Legal personality-- a person has certain rights and duties, can enter into contracts and can sue and be sued. Personally I don't think a fetus is a legal person, however I suppose a guardian ad litem could be appointed to act in the interests of such a helpless being, in the same way an appointed person acts for a minor, or there could be action on their behalf by proxy. I suppose a fetus could be decided to be a legal person if it is determined by either statute or case law to be so designated. Such a change would be made to serve a particular agenda, in my opinion. Should a woman who has sex during pregnancy and suffers a miscarriage be prosecuted for murder. That is some of the best sex you will ever have, by the way. It may need to be modified, but is something completely amazing. Perhaps I should have been prosecuted for doing so, especially since I had to be bed fast for four months during pregnancy. I wasn't even allow to sit up in bed, completely flat or propped on elbow to eat. Yet we managed at some point to make love carefully. The issue of abortion has been raised and I do not judge. I never thought I would have and abortion and I didn't, but the day came when I thought I might and that is the day I learned never to say never and learned that we shouldn't question or judge another woman's actions in this matter. I really understand the issue of fairness or wanting justice for someone seen as helpless, but realize, seeking vindication against another for their actions, no matter how foolish, you are freely relinquishing your personal rights. Sorry for blogging on your blog post Spunky.  You're always welcome to blog on my post!
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yeah you are right..
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1. Probably not, who are we to judge? And the woman has to live with her actions after the fact........ 2. I'm not sure, I probably lean towards thinking not. 3. Nope.
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I totally agree with you. Too many mothers are sent to jail, thereby punishing their children for a crime they didn't commit.
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Not necessarily, dear S... If abortion was only granted to the end of the second trimester and the foetus was granted legal rights as a person at the beginning of the third trimester of gestation, there'd be no conflict in the timeline of when the foetus is abortable and when it has rights. One advantage of drawing a line at birth is that's it's easy to draw, though ease should of course not be the only consideration.
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