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Outcry in America as Pregnant Women Who Lose Babies Face Murder Charges
Women's rights campaigners see the creeping criminalization of pregnant women as a new front in the culture wars over abortion
Rennie Gibbs is accused of murder, but the crime she is alleged to have committed does not sound like an ordinary killing. Yet she faces life in prison in Mississippi over the death of her unborn child.
Across the US, more and more prosecutions are being brought against women who lose their babies. (Photograph: Alamy) Gibbs became pregnant aged 15, but lost the baby in December 2006 in a stillbirth when she was 36 weeks into the pregnancy. When prosecutors discovered that she had a cocaine habit – though there is no evidence that drug abuse had anything to do with the baby's death – they charged her with the "depraved-heart murder" of her child, which carries a mandatory life sentence.
Gibbs is the first woman in Mississippi to be charged with murder relating to the loss of her unborn baby. But her case is by no means isolated. Across the US more and more prosecutions are being brought that seek to turn pregnant women into criminals.
"Women are being stripped of their constitutional personhood and subjected to truly cruel laws," said Lynn Paltrow of the campaign National Advocates for Pregnant Women (NAPW). "It's turning pregnant women into a different class of person and removing them of their rights."
Bei Bei Shuai, 34, has spent the past three months in a prison cell in Indianapolis charged with murdering her baby. On 23 December she tried to commit suicide by taking rat poison after her boyfriend abandoned her.
Shuai was rushed to hospital and survived, but she was 33 weeks pregnant and her baby, to whom she gave birth a week after the suicide attempt and whom she called Angel, died after four days. In March Shuai was charged with murder and attempted foeticide and she has been in custody since without the offer of bail.
In Alabama at least 40 cases have been brought under the state's "chemical endangerment" law. Introduced in 2006, the statute was designed to protect children whose parents were cooking methamphetamine in the home and thus putting their children at risk from inhaling the fumes.
Amanda Kimbrough is one of the women who have been ensnared as a result of the law being applied in a wholly different way. During her pregnancy her fetus was diagnosed with possible Down's syndrome and doctors suggested she consider a termination, which Kimbrough declined as she is not in favor of abortion.
The baby was delivered by caesarean section prematurely in April 2008 and died 19 minutes after birth.
Six months later Kimbrough was arrested at home and charged with "chemical endangerment" of her unborn child on the grounds that she had taken drugs during the pregnancy – a claim she has denied.
"That shocked me, it really did," Kimbrough said. "I had lost a child, that was enough."
She now awaits an appeal ruling from the higher courts in Alabama, which if she loses will see her begin a 10-year sentence behind bars. "I'm just living one day at a time, looking after my three other kids," she said. "They say I'm a criminal, how do I answer that? I'm a good mother."
Women's rights campaigners see the creeping criminalization of pregnant women as a new front in the culture wars over abortion, in which conservative prosecutors are chipping away at hard-won freedoms by stretching protection laws to include foetuses, in some cases from the day of conception. In Gibbs' case defence lawyers have argued before Mississippi's highest court that her prosecution makes no sense. Under Mississippi law it is a crime for any person except the mother to try to cause an abortion.
"If it's not a crime for a mother to intentionally end her pregnancy, how can it be a crime for her to do it unintentionally, whether by taking drugs or smoking or whatever it is," Robert McDuff, a civil rights lawyer asked the state supreme court.
McDuff told the Guardian that he hoped the Gibbs prosecution was an isolated example. "I hope it's not a trend that's going to catch on. To charge a woman with murder because of something she did during pregnancy is really unprecedented and quite extreme."
He pointed out that anti-abortion groups were trying to amend the Mississippi constitution by setting up a state referendum, or ballot initiative, that would widen the definition of a person under the state's bill of rights to include a fetus from the day of conception.
Some 70 organizations across America have come together to file testimonies, known as amicus briefs, in support of Gibbs that protest against her treatment on several levels. One says that to treat "as a murderer a girl who has experienced a stillbirth serves only to increase her suffering".
Another, from a group of psychologists, laments the misunderstanding of addiction that lies behind the indictment. Gibbs did not take cocaine because she had a "depraved heart" or to "harm the fetus but to satisfy an acute psychological and physical need for that particular substance", says the brief.
Perhaps the most persuasive argument put forward in the amicus briefs is that if such prosecutions were designed to protect the unborn child, then they would be utterly counter-productive: "Prosecuting women and girls for continuing [a pregnancy] to term despite a drug addiction encourages them to terminate wanted pregnancies to avoid criminal penalties. The state could not have intended this result when it adopted the homicide statute."
Paltrow sees what is happening to Gibbs as a small taste of what would be unleashed were the constitutional right to an abortion ever overturned. "In Mississippi the use of the murder statute is creating a whole new legal standard that makes women accountable for the outcome of their pregnancies and threatens them with life imprisonment for murder."
Miscarriage of justiceAt least 38 of the 50 states across America have introduced fetal homicide laws that were intended to protect pregnant women and their unborn children from violent attacks by third parties – usually abusive male partners – but are increasingly being turned by renegade prosecutors against the women themselves.
South Carolina was one of the first states to introduce such a fetal homicide law. National Advocates for Pregnant Women has found only one case of a South Carolina man who assaulted a pregnant woman having been charged under its terms, and his conviction was eventually overturned. Yet the group estimates there have been up to 300 women arrested for their actions during pregnancy.
In other states laws designed to protect children against the damaging effects of drugs have similarly been twisted to punish childbearers.
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90 Comments so far
Show All"The Handmaiden's Tale". Sigh. Written as fiction, taken as blueprint.
Just the same way 1984 was. If men had to have babies....
These laws mark the United States as backward and ignorant as any of the countries the U.S. has invaded and engaged in the slaughter of those people. This is what happens when sick religious freaks, whether Taliban or Muslim or Christian, get political power. This is why the nation's founders insisted on removing religion from governance. Why is the United States fighting the Taliban fundo freaks in Afghanistan when the United States is itself crawling with Christian fundo freaks who want to take the country back into all the evils that religion can do? And given what these people are trying to do, and have done, imagine what they will do if given the unfettered political power they fervently believe is their right.
Im curious, if there are any conservative women reading here today, do you look at yourself as simply a breeder that has no rights once impregnated like they people you vote for do?
I would think the arrests that this article highlight would strike fear into every woman for herself and her daughters. It stuns me that these politicians and DAs can get away with this stuff.
""Women's rights campaigners see the creeping criminalisation of pregnant women as a new front in the culture wars over abortion, in which conservative prosecutors are chipping away at hard-won freedoms by stretching protection laws to include foetuses, in some cases from the day of conception.""
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The key phrase here is 'conservative prosecutors'. When they won't go after their own for the crimes they commit, these 'staunch pillars of society' go to the next easiest targets thereby ostensibly demonstrating that they are doing their job by keeping crime down and punishing crime.
Noted too, that the southern states are ate up with these misfits of justice where the M$M's dumbstream garden are so ready to side with the 'might of the right(repubs)'. My my how so few like to dictate what other's HAVE to do. Keeps right in line with most of the current religious and political fervor raging in this country. AND, just like the minuscule difference in political parties, both religion and politics are of the same minuscule differences.
These "deaths" used to called miscarriages in more sane times. What the hell kind of country are we becoming?
Women and girls who lose their babies through miscarriage or whatever being charged with murder and fetocide? That's beyond ludicrous...it's utterly disgraceful.
Perhaps pregnant women need corporate personhood rights. Bush's clear sky allows smoke stack industries to pollute the air and those prematurely kill tens of thousands of people each year. The tobacco industry are still selling cancer sticks. The gas industry are injection toxic brew into our ground water. Big agri-business is straying carcinogens onto our food.
Population control takes many forms. Presumably women imprisoned for miscarriages will not have more babies in prison.
This isn't about population control, rather it is about reproduction control. The powers that be want all those soldiers and workers - for free. What would free market capitalism be without soldiers and worker drones?
But they can become pregnant if they are raped by prison guards, then charged again with murder when the guards beat the woman into an abortion to avoid their own incrimination and then lie about it, because who are you going to believe?
I really do wonder what would happen if a child was still born as result of toxins its Mother ingested while living in close proximity to an open cast coal mine! Would the mine operators be arrested for alleged 'murder' too, or man slaughter or neglegent homocide or or or....or perhaps none of the above!
No. It just does not happen. No prosecution for adult warmongers, industrial polluters or corporate makers of dangerous drugs who kill children both before and after birth.
They only go after a 15 year old with a drug habit or a woman so depressed she tries to kill herself. If you consider drug addiction or depression an untreated medical problem, what is next, a woman with type 2 diabetes who drinks a milkshake?
Of course no free medical treatment nor funding for Planned Parenthood are "on the table". Smug hypocrites.
Well, they don't seem to care about it causing birth defects, and miscarriages wouldn't surprise me, either:
http://www.commondreams.org/view/2011/06/25-6
It apperas that America is quite content to sit back and let women be assaulted by the right wing christian fanatics that masquerade as governors. I can't believe there is no mass movement against this.
"Depraved-heart murder"?
Are we back in Salem?
Never left.
sj
For this particular article, please pay special attention to 2, 5, 8, 12.
---------------------------------
Fourteen Defining
Characteristics Of Fascism
By Dr. Lawrence Britt
Source Free Inquiry.co
5-28-3
Dr. Lawrence Britt has examined the fascist regimes of Hitler (Germany), Mussolini (Italy), Franco (Spain), Suharto (Indonesia) and several Latin American regimes. Britt found 14 defining characteristics common to each:
1. Powerful and Continuing Nationalism - Fascist regimes tend to make constant use of patriotic mottos, slogans, symbols, songs, and other paraphernalia. Flags are seen everywhere, as are flag symbols on clothing and in public displays.
2. Disdain for the Recognition of Human Rights - Because of fear of enemies and the need for security, the people in fascist regimes are persuaded that human rights can be ignored in certain cases because of "need." The people tend to look the other way or even approve of torture, summary executions, assassinations, long incarcerations of prisoners, etc.
3. Identification of Enemies/Scapegoats as a Unifying Cause - The people are rallied into a unifying patriotic frenzy over the need to eliminate a perceived common threat or foe: racial , ethnic or religious minorities; liberals; communists; socialists, terrorists, etc.
4. Supremacy of the Military - Even when there are widespread domestic problems, the military is given a disproportionate amount of government funding, and the domestic agenda is neglected. Soldiers and military service are glamorized.
5. Rampant Sexism - The governments of fascist nations tend to be almost exclusively male-dominated. Under fascist regimes, traditional gender roles are made more rigid. Divorce, abortion and homosexuality are suppressed and the state is represented as the ultimate guardian of the family institution.
6. Controlled Mass Media - Sometimes the media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or sympathetic media spokespeople and executives. Censorship, especially in war time, is very common.
7. Obsession with National Security - Fear is used as a motivational tool by the government over the masses.
8. Religion and Government are Intertwined - Governments in fascist nations tend to use the most common religion in the nation as a tool to manipulate public opinion. Religious rhetoric and terminology is common from government leaders, even when the major tenets of the religion are diametrically opposed to the government's policies or actions.
9. Corporate Power is Protected - The industrial and business aristocracy of a fascist nation often are the ones who put the government leaders into power, creating a mutually beneficial business/government relationship and power elite.
10. Labor Power is Suppressed - Because the organizing power of labor is the only real threat to a fascist government, labor unions are either eliminated entirely, or are severely suppressed.
11. Disdain for Intellectuals and the Arts - Fascist nations tend to promote and tolerate open hostility to higher education, and academia. It is not uncommon for professors and other academics to be censored or even arrested. Free expression in the arts and letters is openly attacked.
12. Obsession with Crime and Punishment - Under fascist regimes, the police are given almost limitless power to enforce laws. The people are often willing to overlook police abuses and even forgo civil liberties in the name of patriotism. There is often a national police force with virtually unlimited power in fascist nations.
13. Rampant Cronyism and Corruption - Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even outright stolen by government leaders.
14. Fraudulent Elections - Sometimes elections in fascist nations are a complete sham. Other times elections are manipulated by smear campaigns against or even assassination of opposition candidates, use of legislation to control voting numbers or political district boundaries, and manipulation of the media. Fascist nations also typically use their judiciaries to manipulate or control elections.
----------------------------------------------------
That and the rest of the list applies to what the "United" States has become.
I thought conservatives were all about small government. What could be more invasive than telling a person that their own body does not belong to them, but the state. I am no apologist for drunken driving, but being forced to take a breathilizer test started us down this road. The constitution is supposed to protect me from being forced to testify against myself.
Yes, and how quickly it morphed into random stops that are now "no big deal" to the apologists and certainly not to be confused with the Bill of Rights where we are not supposed to be subject to unreasonable search and seizure and to be secure in our persons without proof or evidence of wrong-doing. But as all populations throughout history that fall to fascism, do, the good Germans here who believe it can't happen here because of how special we are, spout the same drivel that we need to be safe and if you have nothing to hide then what's the problem - papers please. Handmaid's Tale indeed!
Remember, as Monte Python sang so many years ago. "Every sperm is sacred..."
Hundreds of millions of dollars will be spent to see that every fertilized egg comes to term. If it does not, millions more will be spent to see that those wombs are punished for failure.
As soon as the child is born, with defects, or into abject poverty, or into a brutal home, it is on its own. Help ends with the birth; after that it is on its own. If it should manage to grow up, the process will continue.
I can't understand why every pregnant woman isn't just ordered to undergo daily or maybe hourly testing for drugs of any kind, including caffeine, in order to insure the health of her unborn child. But wait! Maybe she doesn't know she is pregnant so she won't come in for the testing, better make that all pubescent females. Otherwise what kind of murder statute is it that could let any undetected crimes get by.
They say that ignorance is no defense against the law. No, ignorance is the law.
I'd call it slow-motion fascism except that all this rot, from the coup in December 2000 through the propaganda assaults building to the wars & occupations, the tortures, the creation of mercenary military units beyond the reach of law, and the rest of it were all achieved very quickly, absolutely abetted by the media, who were supposed to be vigilant in alerting the populace & backed entirely by the Democratic establishment, which silenced anyone within its ranks who tried to do anything else. So now we have the completion of the Republic of Gilead, in which people are molested by law at airports if they refuse to subjecct themselves to body scanners.IAny thought that these murderers might balk at reducing women again to receptacles for the Seed of Men, like all those other certainties that people wouldn't stand for war crimes or violations of human rights, has been banished.
Apparently some folks believe that "life" begins with the twinkle in your father's eye.
Maybe we need a law that makes it "murder" every time a man masturbates and kills several million "unborn." That way men and women would be treated with equal stupidity under the law.
Amazes me that folks who care so much about the "rights" of the unborn (a legally ridiculous concept) don't seem to give a tinker's dam about the rights of the "born."
sj
Every time I think I have seen it all, somethig like this comes along.
A pregnant woman, presumably poor and without medical insurance, attempts suicide - possibly resulting in the dearh of the baby, but may have jsut as likely been lack of access to prenatal and obstetric care. But, instead of pulicly funded metal health care, she gets a Taliban-like murder charge.
Dear Europe, Dear Oceana, Dear Japan and Korea, Dear South and Central America, when are you going to call for economic sanctions against this malevolant theocratic monster?
"Women Who Lose Babies"
Wrong word -- they are fetuses, not babies.