Garcia (1997) cites cases in which convictions of crimanl child endangerment, child abuse, fetal homicide, drug delivery (throught the umbilical cord), and unlawful neglect were reversed by Supreme Courts on the grounds that legal history does not support the application of murder, and abuse statutes to the death of a fetus. However, some people who support fetus rights argue that a women should be prosecuted under tort law whenever a fetus is harmed due to a mother's drug or alcohol use (Garcia, 1997).
What are the implications for the psychologitst working within the system?
Garcia, S. (1997). Ethical and Legal Issues Associated with Substance Abuse by Pregnant and Parenting Women. Journal of Psychoactive Drugs (29)