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Brief Amicus Curiae of PB&J, Family Services, Inc., In Support of Respondent


Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/3536

Brief Amicus Curiae of PB&J, Family Services, Inc., In Support of Respondent

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Title: Brief Amicus Curiae of PB&J, Family Services, Inc., In Support of Respondent
Author: Lopez, Antoinette Sedillo; Augusten, Iris; Bennett, Deana M.; Chavez, Amber; Halpain, Kimberly; Haynes, Leigh K.; Lujan, Cody
Subject: Amicus Briefs
Drug Use During Pregnancy
Fetal Health
State Court Decisions
United States Supreme Court Decisions
New Mexico Statutes
Federal Statutes
Federal Regulations
New Mexico Legislation
Abstract: PB&J, Family Services, Inc., through this brief as amicus curiae, has demonstrated that the decision rendered by the Court of Appeals was correct. The New Mexico Legislature did not draft NMSA 1978, § 36-6-1(D) (1973) to encompass the situation of a pregnant woman using drugs or alcohol during pregnancy. The Legislature’s failure to pass legislation specifically criminalizing such conduct after careful consideration indicates that the Legislature did not intend for the statute to be so broadly construed. This is particularly true when considering the fiscal impact reports accompanying the proposed legislation. This decision by the Legislature is consistent with sound socioeconomic policy that was cited in the fiscal impact reports accompanying the proposed bills. Criminalizing drug use during pregnancy would have a devastating effect on pregnant women and their fetuses’ health. In addition, criminalizing behavior during pregnancy would also likely burden a pregnant woman’s decision to carry her fetus to term. Further, the children of these women would also suffer the effects of separation from their mothers at critical developmental stages. These women and children would likely have better psychological outcomes from treatment not incarceration. In addition, studies of attempts to criminalize behavior during pregnancy nationally indicate that prosecution under the State’s proposed interpretation of NMSA 1978, § 36-6-1(D) (1973) would in all probability have a disparate effect on low-income women, women of color, and their children. Finally, a cost-benefit analysis of the potential impact of prosecuting women for using drugs during pregnancy reveals a negative financial impact on the foster care and juvenile justice systems of this State. New Mexico cannot afford to create an additional category of children likely to end up in the foster care system. Treatment is a more cost-effective option.
Date: 2007-03
Description: An amicus brief in support of the defendant in the matter of State of New Mexico v. Cynthia Martinez.
URI: http://hdl.handle.net/1928/3536

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