ACLU Defends Pregnant Woman Using Drugs

[Gravitymaster 0]

ACLU Defending Woman Accused Of Using Drugs While Pregnant

EASTON, Md. -- Lawyers for the American Civil Liberties Union are appealing the conviction of an Easton woman who was accused of endangering a child by using cocaine while she was pregnant.

Kelly Cruz, 30, was found guilty of a reckless endangerment charge Aug. 5 after waiving her right to a jury trial. She was ordered to serve 2 1/2 years in prison.

Cruz was charged in February, about a month after giving birth to a premature baby boy who tested positive for cocaine.

Defense attorneys had sought an acquittal, arguing there was never a risk of harm to another person -- because a fetus doesn't meet the definition of a person under state law. But a Talbot County judge ruled that the person who suffered the risk was the baby after it was born.

ACLU attorneys said prosecuting women for their actions during pregnancy is unprecedented elsewhere in Maryland and claim it is an attempt to create a new crime by charging pregnant women for harming their fetuses.

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I guess as long as it's just a fetus, it's OK. It's her body and if she wants to give birth to a crack-baby, it's her decision and the govt. should stay out of it. If the baby is born with brain damage, too bad. She has every right to abuse her fetus as she see's fit.

[Rookie120 0]

I almost want to think this is a joke but from what I have seen the ACLU throwing out there I can believe this.

If you find yourself in a fair fight, your tactics suck!

[Everon 0]

Okay, don't get me wrong. In my opinion, the child should be put up for adoption for a loving family and this bitch should spayed. But what law exists concerning endangerment to a fetus?

[Rookie120 0]

Quote

But what law exists concerning endangerment to a fetus?

I'm not a lawyer but there must be something out there concerning this.

If you find yourself in a fair fight, your tactics suck!

[Nightingale 0]

Doesn't sound like there is one. Sounds like they prosecuted under "child endangerment" instead of "fetus endangerment"

I see why the court was reaching for a way to convict her of something. However, I also see why the ACLU is fighting this. They're concerned that if a woman can go to jail for child endangerment for endangering a fetus, next someone is going to try to put a woman in jail for murder for having an abortion. It's not that the woman in question here wasn't an idiot and it's not a question of whether she put a child she was carrying to term at risk for birth defects, its just a legal question of where we draw the line between fetus and baby.

[Everon 0]

Exactly. There is no law concerning this, and for that reason, she's going to do time unlawfully. Like I said, the bitch should be spayed, but the ACLU is well within its bounds here. I guess it boils down to the ridiculous: I have to have a license to fish, but any piece of shit can have a kid.

[Channman 2]

I believe Scott Petterson was found guilty of murder of not only his wife but his unborn son. But then a mother/women who considers her unborn child as only a fetus would give me great pause.

But this subject as always brings two opposing sides into conflict. But I wonder as things progress in our social circles if there might be a time when the young wish to dispose of the old. After all we don't want to see our mothers and fathers not be able to live up to their former potential, therefore it might be better to send them off quietly into the night with a little happy juice, and the ACLU providing legal cover.

[Everon 0]

But what was the law concerning a fetus when he was convicted?

[Channman 2]

Well now, I'm required to do a little research to answer this very important question of yours. I will be required to cheat and use google to provide me the answer if that will do.

But now I need to take a break for a short while because I need to PEE.

[Everon 0]

Again, I'm not defending this woman (she is a piece of shit). I'm only speaking of existing legislation. That's all. Laws cannot be made after the fact. As far as the ACLU, they've done a lot for me being discriminated against as an atheist (whom pappa and sonny boy see as a "non-citizen.")

[Channman 2]

>I guess as long as it's just a fetus, it's OK.
>She has every right to abuse her fetus as she see's fit.

Mother of unborn child has a right to abort, father of unborn child has what right for said child to live. (Healthy Child) not the one with 666 on their forehead, that one we can abort.

OOPs im suppose to be on google coming up with some lies ah I mean facts about fetus laws in California.

[Everon 0]

OMEN?

[Channman 2]

Everon: I'm on the case, hope to have something for ya in the near future, and about that atheist thing, im sure Jesus still loves ya man.

Felt that I needed to thow that out there, now you just got take that in fun. Alright off to google after a quick stop at Drudge Report...HEHEHeHe, dame I got to go PEE.

[Everon 0]

You must be imbibing like me - pissing every 3 minutes. And I'll accept jesus b4 drudge!

[Channman 2]

http://womensissues.about.com/cs/parentingfamily/a/aafetalhomicide.htm

OK, the above link may answer several questions that maybe discussed hear and hopefully will add alittle knowledge to us all. Also, I'm sure there is a way to allow the reference link above to direct you to the web site but my wife has'nt passed that knowledge on to me.

[Rookie120 0]

Quote

They're concerned that if a woman can go to jail for child endangerment for endangering a fetus, next someone is going to try to put a woman in jail for murder for having an abortion. It's not that the woman in question here wasn't an idiot and it's not a question of whether she put a child she was carrying to term at risk for birth defects, its just a legal question of where we draw the line between fetus and baby.

This is true. I loss count of all the preg women I have seen smoking. Will they be next on the list. Me personaly am against abortion but understand it is legal but would never have one and my fiance is the same way. But using coke while preg is a bit much but where does it stop?

If you find yourself in a fair fight, your tactics suck!

[Gravitymaster 0]

I guess it's not illegal to give birth to a turnip.

[Nightingale 0]

I've found some conflicting info on what exactly Peterson was convicted of in regards to the fetus. I can't find the case itself at this point.

[AlexCrowley 0]

Just in reply to the whole thread.

The ACLU selects cases based on the point of law that requires defending, not the defendant. This means that they tend to pick some pretty Fd up cases, that sometimes seem crazy to defend.

(In the Peterson case it's CA state law that allows for a double murder charge if the pregnant mother is murdered.)

As unpopular as it may be there are laws in this country, just because a situation seems immoral or wrong does not make it against the law. The system is designed so you can create new laws. If you think a junkie pregnant woman should be charged then push your local lawmakers. But you can't create new laws out of wholecloth just because you think this situation is bad. This is especially true in the US where everything is defined by precedent.

As such, to let this ruling stand would be a very bad thing.

TV's got them images, TV's got them all, nothing's shocking.

[Everon 0]

Okay, so California law dictates this, but then that's murder, which is far from what this woman did. Alex is correct, there has to be a precedent, and existing laws. I find it difficult to believe she was handed this sentence.

[jenfly00 0]

Quote

I find it difficult to believe she was handed this sentence.

I think we may be hearing that with increasing frequency in the era of the 'patriot'.

jen

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"O brave new world that has such people in it".

[Rookie120 0]

Quote

I think we may be hearing that with increasing frequency in the era of the 'patriot'.

I guess your talking about the Patriot Act. What in the hell does that have to do with this woman doing coke while preg?

If you find yourself in a fair fight, your tactics suck!

[Gravitymaster 0]

I think it's very likely the ACLU is preparing for the day when Roe V Wade is overturned and the decision on abortion becomes a State issue. This would help set a precedence.

[billvon 3,090]

> I guess it's not illegal to give birth to a turnip.

Fortunately. Eugenics is a nasty business.

[AlexCrowley 0]

Given the current situation I think that's part of it. This is the third case I can recall off the top of my head over the last 8 years dealing with this specific issue from a legal perspective.

As a personal aside, I find the concept of overturning Roe Vs Wade barbaric and insane, but then I'm not from the US.

The myths and ignorant hype around the subject, once looked at objectively, show a dangerous trend towards adopting a religious agenda no different than any Islamic country.

As an outsider I thought the abortion issue as a platform was a joke, or at most a minor issue to distinguish between two closely matched candidates, it was a sobering day when I realized that the US government was actively trying to legislate against womens rights to make decisions about their own bodies. The fact that Roe Vs Wade is continually considered to be hanging in the balance always shocks me. The fact that a lawmaker is grilled on his position regarding the Roe Vs Wade ruling always makes me shake my head in disbelief. The fact that a modern supposedly secular government could be shifting towards a time when the decision may be repealed depresses me no end.

TV's got them images, TV's got them all, nothing's shocking.