Abbey Normal
Senior Member
ACLU Defends Woman Guilty of Doing Cocaine While Pregnant
Friday, August 19, 2005
By Sam Kastensmidt
The ACLU has filed an appeal on behalf of an Easton County (Md.) woman who was convicted of reckless endangerment after giving birth to a baby boy with considerable levels of cocaine in his system. The ACLU plans to argue that an unborn child has no rights under the law and is therefore not entitled to any protections.
Specifically, the Maryland statute allows charges of reckless endangerment only when the illegal behavior may bring harm to a "person." The ACLU does not believe that the state can legally attribute the title of "person" to an unborn child.
Kelly Lynn Cruz, the boy's mother, was tried and convicted for reckless endangerment and sentenced to serve 2 1/2 years in prison.
ACLU Weighs in on the Law
The ACLU of Maryland released a statement calling the charges "unprecedented and illegal. According to the organization's website, "The ACLU is defending Ms. Cruz because prosecuting women for their conduct during pregnancy is both impermissible under state law and unconstitutional."
ACLU May Actually Win Their Case!
Incredibly, many legal scholars believe that the ACLU may actually win its case. The Baltimore Sun recently reported, "Similar attempts to criminalize drug use by pregnant women became common in the United States during the crack scare of the late 1980s and early 1990s. But in dozens of cases, courts struck down criminal convictions as unconstitutional."
http://www.reclaimamerica.org/PAGES/NEWS/newspage.asp?story=2881
Friday, August 19, 2005
By Sam Kastensmidt
The ACLU has filed an appeal on behalf of an Easton County (Md.) woman who was convicted of reckless endangerment after giving birth to a baby boy with considerable levels of cocaine in his system. The ACLU plans to argue that an unborn child has no rights under the law and is therefore not entitled to any protections.
Specifically, the Maryland statute allows charges of reckless endangerment only when the illegal behavior may bring harm to a "person." The ACLU does not believe that the state can legally attribute the title of "person" to an unborn child.
Kelly Lynn Cruz, the boy's mother, was tried and convicted for reckless endangerment and sentenced to serve 2 1/2 years in prison.
ACLU Weighs in on the Law
The ACLU of Maryland released a statement calling the charges "unprecedented and illegal. According to the organization's website, "The ACLU is defending Ms. Cruz because prosecuting women for their conduct during pregnancy is both impermissible under state law and unconstitutional."
ACLU May Actually Win Their Case!
Incredibly, many legal scholars believe that the ACLU may actually win its case. The Baltimore Sun recently reported, "Similar attempts to criminalize drug use by pregnant women became common in the United States during the crack scare of the late 1980s and early 1990s. But in dozens of cases, courts struck down criminal convictions as unconstitutional."
http://www.reclaimamerica.org/PAGES/NEWS/newspage.asp?story=2881