What do you visualize if someone says "chemical endangerment of a child?" Originally, the Alabama law was designed to bring charges against individuals who manufactured methamphetamine in homes with small children present, or perhaps who left drugs indiscriminately lying around their abodes. Somehow the charge came to be extended to pregnant women who were known to take drugs.
Yes, a pregnant woman arrested for drug use can also be charged with endangering her fetus. Other times, the arrest comes after the woman gives birth and then tests positive for illicit drugs. Is this a good interpretation of the law or not?
We'll leave that to the legal experts, but one result of this unintended result is the disparity found in these prosecutions. Which counties in Alabama regularly prosecute these women? According to one legal watchdog, only three: Marshall, Morgan, and Lauderdale. Prosecution in larger counties is practically non-existent.
Is there a moral here? There's a slight geographic pattern, all these counties being in the northern part of the state. Beyond that, what are we missing? Why does Lauderdale County prosecute these pitiful women and Colbert, Franklin, etc. do not?
Comments welcome...
Opening Act in Equal Justice for All
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