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03747aam a2200409 i 4500 001 187EC744803411ED944134D030ECA4DB 003 SILO 005 20221220010056 008 211213t20222022enka b 001 0 eng 010 $a 2021060071 020 $a 1108465536 020 $a 9781108465533 020 $a 1108474837 020 $a 9781108474832 035 $a (OCoLC)1291588299 040 $a DLC $b eng $e rda $c DLC $d OCLCO $d YDX $d OCLCF $d UKMGB $d YDX $d SILO 042 $a pcc 043 $a n-us-tn 050 00 $a KFT567.C5 $b B33 2022 100 1 $a Bach, Wendy A., $e author. 245 10 $a Prosecuting poverty, criminalizing care / $c Wendy A. Bach, University of Tennessee College of Law. 264 1 $a Cambridge, United Kingdom ; $b Cambridge University Press, $c 2022. 300 $a xi, 224 pages : $b illustrations ; $c 24 cm 504 $a Includes bibliographical references and index. 505 0 $a Creating a crime to create care -- Framing and reframing -- Laying the ground -- Punishing poverty -- Deepening poverty and degrading justice -- The path in : from healthcare to child welfare to criminal systems -- Criminalization as a road to care and the price you pay -- Corrupting care -- A path forward. 520 $a "First the structure of this particular law: Technically speaking, the legislature created this crime, not by creating an entirely new crime but by enacting a law clarifying an existing criminal statute. This is how it worked: Like every other state, Tennessee makes assault a crime. It is an misdemeanor, which means that if you violate the statute, you can be incarcerated for no more than eleven months and twenty-nine days. Assault is defined, in Tennessee, as "[i]ntentionally, knowingly or recklessly caus[ing] bodily injury to another . . . ." You will notice, when you read this, that this particular language says nothing about pregnancy or a fetus. For prosecutors who might want a to charge a woman with assault because of her drug use during pregnancy, the absence of specific language about pregnancy or the fetus in the statute could cause legal problems. She could argue, in that case, that taking drugs while pregnant is not what the legislators meant by assault. Despite this possible legal problem, across the nation, and in Tennessee, women have been prosecuted for drug use during pregnancy for violating statutes all of which were not initially designed to criminalize this particular conduct. For example, women have been charged with assault, chemical endangerment of a minor, or child abuse, and the prosecutors in those cases have argued that in-utero drug exposure was included in the definitions of those crimes. But in many states, these charges led to legal disputes. The disputes in these cases often came down to the question of whether or not in-utero drug exposure was the kind of conduct that the legislature intended to make criminal when they wrote the law"-- $c Provided by publisher. 650 0 $a Substance abuse in pregnancy $x Criminal provisions. $z Tennessee $x Criminal provisions. 650 0 $a Pregnant women $x Legal status, laws, etc. $z Tennessee. 650 0 $a Fetus $x Legal status, laws, etc. $z Tennessee. 650 7 $a Fetus $x Legal status, laws, etc. $2 fast $0 (OCoLC)fst00923454 650 7 $a Pregnant women $x Legal status, laws, etc. $2 fast $0 (OCoLC)fst01075210 651 7 $a Tennessee. $2 fast $0 (OCoLC)fst01205353 653 $a Fetal assault 776 08 $i Online version: $a Bach, Wendy A. $t Prosecuting poverty, criminalizing care $d Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022 $z 9781108693783 $w (DLC) 2021060072 941 $a 1 952 $l OVUX522 $d 20230517010204.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=187EC744803411ED944134D030ECA4DBInitiate Another SILO Locator Search