Discussion question

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Read Box 2.3: Should Women Who Use Drugs During Pregnancy Be Arrested and Jailed? on page 50 in the link attached. This box describes the results that occurred when pregnant women with a history of drug abuse faced potential arrest and incarceration. Additionally, read How States Handle Drug Use During Pregnancy. You will notice that only 3 states consider substance abuse during pregnancy to be a crime, and yet 18 states have laws that say drug use during pregnancy is child abuse, and in nearly every state women have been prosecuted for drug use during pregnancy. Answer the following questions in your post:

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  • Critics contend that the criminal justice system should not be involved in what is considered a healthcare problem. What do you think?
  • Is the issue of mothers using illicit drugs more of a legal or medical concern? Why do you think that?
  • What if Florida was considering enacting a law that would make substance abuse during pregnancy a crime – what would be the pros and cons? Would you be for or against this law, and why?

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