What Do You Think?? Interesting Court Case/Decision

[CrimsonTide4]

Woman Sentenced to 12 Years After Delivering Still Born Crack Baby
According to the Associated Press, a Conway, South Carolina woman was convicted Wednesday and sentenced to 12 years in prison for killing her unborn child by using crack cocaine during her pregnancy. The verdict marks the first time a woman in the United States has been found guilty of homicide for taking drugs during pregnancy, an advocate for the defendant claimed. The case also opens the door for prosecutors to charge women with neglect under other conditions, such as smoking during pregnancy, said Wyndi Anderson, executive director of the South Carolina Advocates for Pregnant Women.

A jury found Regina McKnight, a 24-year-old African American woman, guilty after deliberating just 15 minutes. She could have faced a life sentence. McKnight's lawyers said they will appeal. The state Supreme Court ruled in 1996 that a viable fetus is considered a child and mothers can be charged with abuse if they took drugs after their unborn child was able to live outside the womb. McKnight's baby was stillborn in 1999 at 35 weeks. She is the mother of three other children and is two months pregnant. "The state needed to press forward because a child ended up dead," prosecutor Bert von Herrmann said. "She smoked cocaine as much and as often as she could ... if that's not extreme indifference to life, I don't know what is."

However, defense attorney Orrie West said the brief deliberations indicate the jury punished McKnight because she was a drug addict. "Given almost all of the trial involved complex medical testimony, I don't think the jury weighed it like they should," West said.

The defense said an inflammation of the placenta, which could have at least two causes other than drug use, killed the fetus. This was McKnight's second trial; a mistrial was declared in January after two jurors used the Internet to look up medical information.

Compiled by Michael Harris www.vibe.com

What is your take on the jury's decision?


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#4 Spring 1997
Omicron Theta
Wittenberg University
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Rain does not fall on one roof alone.

Words are like eggs: when they are hatched they have wings.

[This message has been edited by CrimsonTide4 (edited June 04, 2001).]

[kiml122]

Ok, I may receive some hate mail on this, but I think she got what she deserved. I can not condone anyone smoking crack, let alone a pregnant woman. This is just my opinion.

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Holla - 2001
KL

[AKA2D '91]

Originally posted by kiml122:
I think she got what she deserved.

I agree.

It is unfortunate that the child passed away, BUT, as an educator, these crack babies are the one's we are dealing with RIGHT NOW! These are the ones who are causing many of my colleagues much grief in their classrooms. And it stems from these CRACK addicted MOMMAS. Oh, also, their "habits" are causing many of these children to have SIGNIFICANT physical disabilities like Spina Bifida, Cerebal Palsy, etc.

Something must be done. If one wants to put her unborn child at risk, GET 'EM!

That's my opinion.

[This message has been edited by AKA2D '91 (edited June 03, 2001).]

[Little32]

This case can have larger repercussions. It is setting a precedence for viewing a fetus as a human being, with the rights due to any citizen of the United States.
If she is jailed because of something that she does before the child is born, what is to stop them from saying that abortion is also murder. (I know that many
chatters have many different views of the abortion issue; however, as things stand--morality debates aside-- it is perfectly legal in this country) This could be the first step towards overturning Roe vs. Wade. From that perspective, I disagree with the verdict.
I feel that the woman should somehow be held responsible for her actions, but I don't think that a court of law is the place to do it unless, of course, we are prepared for what will follow.


[This message has been edited by Little32 (edited June 03, 2001).]

[korkscru]

In my opinion and according to MY beliefs, I feel that a life is a life from the moment that it is CONCEIVED (forget all of that embryo-fetus stuff).

I was previously a Children's Protective Services social worker (in Florence, SC as a matter of fact) for years and I've seen many similar cases, but never one where the unborn baby died. Each case is different and I do believe that addiction is a sickness. However, adults DO haveto assume responsibility for their part in providing and protecting their children. That's the whole concept of the Department of Social Services' Children Protective Services Unit. Now it's ONE thing for a parent to not be able to do those things (provide and protect) because of POVERTY. But it's an entirely DIFFERENT thing for a parent to not be able to do those things because of ABUSE and NEGLECT.

I'm saying all of this to say that this woman (just as ANY woman who is a mother) KNEW that she was responsible for another life. I don't really know WHAT her punishment should or should not have been. But I DO know that when she made the decision to continue to smoke crack in her condition, she left herself WIDE OPEN for situations such as this.

[DST Love]

Originally posted by korkscru:
In my opinion and according to MY beliefs, I feel that a life is a life from the moment that it is CONCEIVED (forget all of that embryo-fetus stuff).

I agree!!

[the411]

Well, I guess I have to play Devil's Advocate. Yes, I value life to the fullest, and I think she was wrong--dead wrong. BUT, are we assuming that she was level-headed enough to KNOW the ethics and reparcussions of her actions?!?!? If you have a chemical dependency as severe as crack addiction, you don't care or fully understand that you're harming the life of your unborn child because all ration and moral obligation are thrown out the door and replaced only with an overwelming need to get high. That doesn't excuse her actions AT ALL. But, if people can plead temporary insanity to crimes (and be acquitted), why is a drug addict being convicted as though she's in her right mind?

I think the punsihment was too severe. I wonder if they'd have done the same for a pregnant, upperclass white woman addicted to cocaine?

And I'm Out!

the411

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Delta Sigma Theta Sorority, Inc.
Pi Kappa, SP97
#3 of QUINTESSENCE

[1 Woman of Virtue]

Hello Forum,
This is my first time posting on your particular forum, though I have enjoyed reading the conversations that take place here.
I believe abortion is wrong. Period. But one must remember that it is legal when done in a hospital or clinic. That is, if you can afford to pay for it, you can have your "fetus" (child) surgically removed and killed. That is, if you can pay for it. And its not cheap. The danger in this law is that for those women who can't afford to pay to have this procedure performed in a sterile, clinic often will look to other means to kill the baby, including, drugs and other types of abuse. Now whether or not she meant to kill this child while it lived in her womb is not the question when it comes to the law of abortion. No one questions the legal motives when you go to a clinic...it just makes one wonder. Disproportionately, minority women fall into the group of women who are too poor to pay for the surgery. If abortion in a clinic is legal for those who can pay, why is abortion in a crack ally for those who can't illegal?
Whether abortion is right or wrong (and I believe it is wrong) you can't punish certain types of people for the method used, when the end is the same as others who can use "choice".

[Six_Three_Sigma]

Interesting point!!!!!! I certainly never thought about it like that. I will say this, though, I honestly do not think these abusers are choosing to use crack to abort their fetuses. These women (along with most others) are abusing this drug to satisfy some desire or dependency they have for it.

Taking into account the point you made about a person choosing another "method of abortion". I would say that if a woman told me (as a prosecutor) that she used crack to abort her baby because she could not afford to have it performed legally, I'd probably drop my case against her (provided I could actually believe it). Of course, I'd have to charge her with performing an illegal abortion, though.

That said, thanks for posting your view on this one.

Originally posted by 1 Woman of Virtue:
Hello Forum,
This is my first time posting on your particular forum, though I have enjoyed reading the conversations that take place here.
I believe abortion is wrong. Period. But one must remember that it is legal when done in a hospital or clinic. That is, if you can afford to pay for it, you can have your "fetus" (child) surgically removed and killed. That is, if you can pay for it. And its not cheap. The danger in this law is that for those women who can't afford to pay to have this procedure performed in a sterile, clinic often will look to other means to kill the baby, including, drugs and other types of abuse. Now whether or not she meant to kill this child while it lived in her womb is not the question when it comes to the law of abortion. No one questions the legal motives when you go to a clinic...it just makes one wonder. Disproportionately, minority women fall into the group of women who are too poor to pay for the surgery. If abortion in a clinic is legal for those who can pay, why is abortion in a crack ally for those who can't illegal?
Whether abortion is right or wrong (and I believe it is wrong) you can't punish certain types of people for the method used, when the end is the same as others who can use "choice".

[This message has been edited by Six_Three_Sigma (edited June 05, 2001).]

[Six_Three_Sigma]

Hello all,

This is an interesting question that I will weigh in on. I, like most of you, felt that this woman was dead wrong for using these drugs while she was pregnant. However, I'm not an expert on chemical dependency or anything like that, but I know that abusers of crack are not high 24/7 unless (at least not broke abusers).

During that time when these abusers are not high, they can be thinking about other things like the little one inside them. For those abusers who don't care about the ramifications or who may not even know about them, all I can say is that this drug has been here for somewhere around 16 years (I was in NY when it "hit"). They are aware that NOTHING GOOD CAN COME FROM ABUSING IT. That's all they need to know.

As for whether this would have happened to a caucasion female in the same predicament, I'd say it probably would not have happened for a "well-to-do" white woman. But if it happened to be white woman from a dirt poor background, she probably would have gotten some jail time (of course she would have had the option to get counseling and probably get an early release).

In any event, this is a sad case all the way around. Sad because of the still-born baby and also sad because this woman's kids have been unfortunate to have a mother who was/is an abuser of crack cocaine.

Personally, I would not have given her jail time. I'd have given her counseling and drug therapy time. If it took twelve years, then that's where she'd be until she got straight.

[1 Woman of Virtue]

Originally posted by Six_Three_Sigma:
[B]Interesting point!!!!!! I certainly never thought about it like that. I will say this, though, I honestly do not think these abusers are choosing to use crack to abort their fetuses. These women (along with most others) are abusing this drug to satisfy some desire or dependency they have for it.

Taking into account the point you made about a person choosing another "method of abortion". I would say that if a woman told me (as a prosecutor) that she used crack to abort her baby because she could not afford to have it performed legally, I'd probably drop my case against her (provided I could actually believe it). Of course, I'd have to charge her with performing an illegal abortion, though.

That said, thanks for posting your view on this one.

No problem, and thank you! I guess that's part of the problem I have w/ the law (in spite of the fact that I start law school this fall, Hallelujah! )
Does anyone know what that white girl and her boyfriend who killed their baby at the prom were sentenced too? It was a few years ago that it happened, but if I recall (correct me if I'm wrong) their sentences were fairly light. If that's true, then I'm even more concerned about the sentence for Regina.