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Wendy A. Bach

Prosecuting Poverty, Criminalizing Care

Prosecuting Poverty, Criminalizing Care

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In the midst of the opiate epidemic, Tennessee lawmakers enacted a law that criminalized transmitting narcotics to a fetus, aiming to provide treatment and support to pregnant women. However, Wendy Bach's book "Prosecuting Poverty, Criminalizing Care" reveals that this law led to clinically dangerous and corrupt treatment, and at worst, obscured harsh punishment. Bach's book calls for stopping criminalization of care and moving towards robust and respectful systems that meet the needs of families in poor communities.

Format: Paperback / softback
Length: 300 pages
Publication date: 01 September 2022
Publisher: Cambridge University Press


In the midst of the devastating opiate epidemic, Tennessee lawmakers took a bold stance by enacting a law that criminalized the transmission of narcotics to a fetus. Their intention was to provide new mothers with the necessary treatment and support they often craved, recognizing the critical need for intervention. However, the real impact of this law was meticulously examined by Wendy Bach in her book, "Prosecuting Poverty, Criminalizing Care." Through a comprehensive analysis of the cases of 120 women who faced prosecution for fetal assault, Bach sheds light on the unintended consequences of such policies.

Drawing on a wealth of quantitative and qualitative data, Bach demonstrates that prosecuting fetal assault and perpetuating the notion that criminalization is a pathway to care leads, at best, to clinically dangerous and corrupt treatment. At worst, it serves as a deceptive smokescreen that obscures the harsh punishment imposed on these vulnerable women. This retelling of events is urgent, instructive, and humane, urging us to abandon the criminalization of care and instead strive for robust and respectful systems that genuinely meet the needs of families in poor communities.

It is crucial to recognize that the opiate epidemic is not solely a public health crisis but also a social and economic one. Many pregnant women who struggle with addiction face significant barriers to accessing treatment and support, including stigma, discrimination, and a lack of resources. By criminalizing these women, we perpetuate a cycle of poverty and trauma that affects not only the mothers but also their children and communities.

Instead, we must prioritize comprehensive approaches that address the root causes of addiction, including poverty, mental health, and substance abuse treatment. This requires investing in healthcare systems that provide accessible and affordable care, as well as supporting programs that provide job training, housing assistance, and counseling to vulnerable families.

Moreover, it is essential to address the societal stigma surrounding addiction and mental health. By promoting education and awareness, we can break down the barriers that prevent individuals from seeking help and create a more compassionate and supportive environment. This includes destigmatizing addiction and mental health disorders, providing training for healthcare professionals to better understand and address these issues, and fostering community-based initiatives that promote mental health and well-being.

In conclusion, the criminalization of care for pregnant women during the opiate epidemic is a misguided and harmful policy. It perpetuates a cycle of poverty, trauma, and addiction that affects not only the mothers but also their children and communities. Instead, we must prioritize comprehensive approaches that address the root causes of addiction, provide accessible and affordable healthcare, and promote mental health and well-being. By doing so, we can create a more just and equitable society that supports and empowers vulnerable families.

Weight: 356g
Dimension: 152 x 227 x 17 (mm)
ISBN-13: 9781108465533

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