Question & Answer: After noticing that Jennifer's baby was not eating well and was small for his age, doctors tested him for…

After noticing that Jennifer’s baby was not eating well and was small for his age, doctors tested him for drugs. When the test results proved positive, Jennifer admitted to police that she had regularly smoked crack cocaine during her pregnancy. Jennifer was charged with delivery of a controlled substance to minor by delivering the crack to her baby via the umbilical cord. Has Jennifer violated his statute? Carefully explain the process by which a court will analyze this statute.

Expert Answer

In USA , the court in other cases said that the forced prosecution is unacceptable as these conviction proof that women are loosing their privacy. Court will reject the prosecution against the women as it is her personal issue to take cocaine. So thinking that she has done wrong with her child is no ground as the fetus is not child already rejected by the USA supreme court the status of fetus as child.

So I think she will get relief via court of law in USA.

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