She was jailed for losing a pregnancy. Her nightmare could become more common | US justice system | The Guardian

Becker’s attorneys argued there was no evidence that substance use caused the stillbirth and California law did not allow for this type of prosecution in the first place. Still, she spent 16 months in jail awaiting trial before a judge dismissed the charges.

Becker’s nightmare offers a preview of the kinds of criminal cases that could become commonplace in the US if the supreme court, as expected after the leak of a draft opinion last month, officially overturns Roe v Wade. In the states that outlaw abortion, advocates warn, pregnancy losses more broadly will be treated as potential crimes, including in cases of wanted pregnancies. Even with Roe in effect, women have repeatedly faced arrest and charges for their pregnancy outcomes.

“These prosecutions will escalate at an extremely rapid clip if Roe is reversed,” said Emma Roth, staff attorney with the National Advocates for Pregnant Women (NAPW), a non-profit group that supported Becker in her legal battle. “A lot of people don’t realize that pregnant people are already facing criminalization all across the country, including in blue states like California. All it takes is a rogue district attorney.”

 

Source: She was jailed for losing a pregnancy. Her nightmare could become more common | US justice system | The Guardian

5 thoughts on “She was jailed for losing a pregnancy. Her nightmare could become more common | US justice system | The Guardian”

  1. That is the problem with laws in general. Corrupt members of law enforcement and the justice system use them to abuse the citizens they are supposed to be protecting.

  2. But are those “rogue” district attorneys not disciplined, like in this case in California? And the woman should have been paid a compensation for the unlawful incarceration.
    Ameria might face a situation where women don’t dare to get pregnant anymore, even if they want a child. It is very normal that young women abort their first pregnancies; it can happen up to 3 times even. This is madness.

    1. It is madness. The District Attorneys are elected. They could be “recalled” by petition and vote. They can be disbarred by State Bar Association but that is quite rare. The innocent can sometimes win with Courts of Appeals. Getting compensation for false imprisonment is settled by law suit. Women in that county may well think twice about getting pregnant or continuing to live there.

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