The new Jane Crow
reports on a study that documents how hundreds of pregnant women have had their rights violated and health put in jeopardy as part of the war on choice.
REGINA McKNIGHT was 21 years old when she was convicted and sentenced to 12 years in prison for homicide by child abuse--after she suffered a stillbirth eight-and-a-half months into her pregnancy.
The jury deliberated only 15 minutes before finding McKnight guilty of having committed "child abuse"--because of using cocaine during her pregnancy. She went to jail, and one appeals court after another upheld the conviction--until it was finally overturned eight years later on the grounds that the scientific evidence used to claim McKnight's drug use was responsible for the stillbirth was "outdated" at the time of her trial.
Laura Pemberton was arrested while she was in active labor--for attempting to give birth at home, rather than undergo a C-section advised by her doctor. A sheriff strapped her legs together and took her to the hospital, where, at an emergency hearing, lawyers argued on behalf of her fetus. Pemberton and her husband were denied counsel during this hearing, though they were "allowed to express their views" as hospital staff prepared Pemberton for surgery.
These stories aren't scenes out of some horror movie about a nightmarish future society. They are real-life accounts from the war on women and their rights that has been underway since the Roe v. Wade Supreme Court decision that legalized abortion in 1973.
In a new report titled "Arrests of and Forced Interventions on Pregnant Women in the Unite... the National Advocates for Pregnant Women (NAPW) summarizes the experiences of 413 women who have been subjected to cruel punishments or unwanted medical procedures while they were pregnant.
No state or federal law permits the arrest or detention of women specifically due to pregnancy. Yet hundreds of pregnant women--predominantly low-income women and women of color--have had their rights taken away and their health put in jeopardy because police, prosecutors, judges and even medical personnel have claimed the authority to determine what will happen to their bodies. Lynn Paltrow, one of the authors of the NAPW study, calls this phenomenon "a new Jane Crow"--in reference to author Michelle Alexander's best-selling examination of the mass incarceration system.
The crusade against women's reproductive rights has been led by politicians and organizations which claim to cherish the "right to life" and champion women's role as mothers. But the reality made painfully clear by the NAPW's report is that the anti-choice right wants women to be treated as second-class citizens, denied the right to health care, personal liberty and the right to control their own bodies and lives.
Report authors Lynn Paltrow and Jeanne Flavin say their study understates the number of incidents of incarceration or forced medical intervention against pregnant women in the decades following Roe.
No one has attempted to compile these stories before, and records of the cases are either scattered among different sources or nonexistent altogether. Often, say Paltrow and Flavin, hospital staff impose unwanted procedures without the involvement of state authorities. Plus, the decisions of family and juvenile courts are kept confidential. So the number of victims is likely to be many times greater than the 413 cases verified by the NAPW in its rigorous study.
Nonetheless, the patterns of punishment described in the report paint a frightening picture of the consequences of the right's campaign against reproductive freedom.
- - - - - - - - - - - - - - - -
WHAT "CRIMES" were committed by the pregnant women whose stories are told in the NAPW report?
In the cases the report documents, women were most often targeted not for attempting to end a pregnancy, but for attempting to carry one to term. The main reason for arrest and detention was drug use during pregnancy, but in other cases, women were punished because they suffered from sexually transmitted diseases or mental illness while pregnant. Others wanted to deliver at home, refused C-sections or failed to access prenatal care.
In several cases, women were charged with one or more felonies after they suffered a miscarriage or attempted to end a pregnancy on their own. And in one case, state prosecutors used the fact that a woman had refused an offer of sterilization in support of its charges. This case, in particular, strikes an old and deep wound, following decades of forced sterilizations of Black, Latina, Native American and immigrant women.
In all, just over half of the women whose stories are collected in the report are Black. Nearly three quarters of those facing legal charges were represented by indigent defense.
African American women have suffered a long legacy of barbaric discrimination--from the separation of families under slavery to the early 20th century eugenics movement that pushed through laws in 32 states allowing the sterilization of women judged "unfit to breed."
Today, poor Black single mothers are scapegoated for all manner of social problems. In particular, the war on drugs has served as a vehicle for the attack, with drug convictions serving as the excuse for terminating parental rights of incarcerated mothers.
Meanwhile, the media have whipped up a moral panic over drug use during pregnancy. Thus, cocaine was the drug most often associated with the criminal charges against pregnant women documented in the NAPW report. But health professionals now recognize that cocaine use during pregnancy poses no more significant risk to fetal health than poor nutrition, lack of prenatal care or other factors commonly suffered by the poor.
In fact, in most of the cases documented in the report, authorities didn't claim that fetuses had been harmed, only that there was a risk of harm. And even when actual harm was alleged, in most cases, there was no scientific evidence or expert testimony to substantiate the claim.
For example, Geralynn Susan Grubbs, a 23-year-old woman in Alaska, was threatened with 30 years imprisonment and therefore pled guilty to a lesser charge of criminally negligent homicide in connection with the death of her two-week-old infant. Prosecutors claimed that drug use during pregnancy had caused the infant's death--this allegation was allowed to stand even after an autopsy revealed that there was no connection between the death of the child and fetal drug exposure.
Such punishment flies in the face of the recommendations of the medical community. Organizations like the American Medical Association have concluded that criminalizing drug use by pregnant women only discourages women from seeking prenatal care and assistance with their addiction.
Nonetheless, Paltrow and Flavin document how threats of arrest or loss of custody lead some pregnant women with drug problems to avoid medical attention, prenatal care and hospital deliveries altogether. In one particularly absurd case, 34-year-old Alma Baker was prosecuted for dealing drugs to a minor--after she gave birth to twins who tested positive for THC, a chemical found in marijuana. Baker stated that if she realized the risk of criminal charges, she would not have gone to her doctor at all.
Alma Baker is white, which makes her case highly unusual among those documented in the NAPW report. Women of all races use drugs at rates roughly equivalent to their numbers in the overall population--yet overwhelmingly those questioned, screened and punished for drug use related to pregnancy were African American.
- - - - - - - - - - - - - - - -
PALTROW AND Flavin focus on an underlying logic among the various cases of detention and forced medical intervention: The idea that a fetus should be considered person with full legal rights was consistently used to deny the rights and personhood of pregnant women.
In a number of cases, the state declared protective custody over a fetus in order to place pregnant women in medical or criminal detention. However, these detentions didn'tresult in adequate medical treatment.
When 20-year-old Wisconsin resident Rachael Lowe became pregnant, she sought medical assistance to break an addiction to Oxycontin. Hospital staff reported her to law enforcement, and she was transported to a hospital over an hour away from where she lived with her 2-year-old son. There, she was detained in a psychiatric ward. The state appointed a legal guardian for her fetus, but Lowe herself didn't receive legal counsel until 12 days after the beginning of her detention. She received no prenatal care inside the psych ward, and she was held for several days after a doctor testified at a court hearing that her drug use posed no health risk to her fetus, and the court ordered her release.
Julie Starks, a 25-year-old pregnant woman in Oklahoma, was detained when a juvenile court placed her fetus under protective custody. The state alleged that the trailer she lived in may once have been used to produce methamphetamine--and therefore declared that her fetus was a "deprived child." While detained in a county jail, Starks suffered dehydration, weight loss, infections and premature labor.
The NAPW's report covers only cases of detentions and medical interventions of pregnant women up to 2005, in order to try to compile cases where legal proceedings have been resolved. But researchers also uncovered more than 200 additional cases beginning over the last seven years. This significant increase coincides with a barrage of new laws restricting access to reproductive health services and criminalizing so-called feticide.
A total of 38 states plus the federal government have passed laws under which eggs, embryos or fetal tissue are covered under existing murder laws. And over the last two years, several states have attempted (and failed) to pass "personhood" measures to give legal rights and status for eggs, embryos and fetal tissue separate from the women carrying the pregnancy.
Some lawmakers and prosecutors have even invoked the Roe v. Wade decision itself as justification for such actions. The decision bans legal restrictions on abortion during the first two trimesters of pregnancy, until a fetus is considered viable to survive outside the womb. Some anti-choice politicians and prosecutors have argued that the decision equates fetal viability with fetal personhood. But the Supreme Court's conclusions in theRoe decision explicitly rejected the claim that a fetus at any point deserves rights or status separate from a pregnant woman.
The experiences of women like Ragina McKnight and Geralynn Susan Grubbs and Rachael Lowe and literally hundreds of others make it clear that these anti-women laws have nothing to do promoting health or civil rights--and everything to do with the most destructive and dehumanizing sexism and racism.
Comments are closed for this blog post
Welcome to Black Talk Radio Network
Events
-
New York author Carol Griffin "Dark Secrets" - 2:00PM EST
June 19, 2013 from 2pm to 3:30pm – WLCM 1450AM
We welcome friend and New York author Carol Griffin to the conversation this week . Carol and Ancel K. Houchen's latest project is “Dark Secrets”, a collection of original horror, suspense and sc…
Organized by Freedom Marketing | Type: talk radio, politics, news
0 Comments 0 Promotions -
OTM: 240,000 turn out to protest bus fare and police brutality in Brazil
June 19, 2013 from 5pm to 6pm – Occupy The Microphone, WOLI, Black Talk Radio Network
Massive protests have been going on in Brazil for over a week as the 99% take to the streets in protest over the raising of bus fare in that poor see as means for the rich to pay for a sports compl…
Organized by Half-step Productions | Type: talk radio, politics, news
0 Comments 1 Promotion -
The C.O.W.S. w/ Byron Katie
June 19, 2013 from 8pm to 11pm – http://tiny.cc/RWSWJ
Wednesday, June 19th 8:00PM Eastern/ 5:00PM Pacific The Context of White Supremacy welcomes Byron Katie [http://thework.com]. Ms. Katie is a bestselling author and internationally renowned speake…
Organized by Gus T Renegade | Type: discussion
0 Comments 0 Promotions -
Stop supporting enslavers and upholding the system of slavery - 8:00PM EST
June 19, 2013 from 8pm to 9pm – Black Talk Radio Network
Tonight we want to share a audio clip from a speech Michelle Alexander gave to a church in 2011. In the clip Alexander, a legal scholar who worked as an attorney for the ACLU who worked on racial…
Organized by Black Talk Media Project & Move To Abolish Prison Slavery | Type: talk radio, politcs, education, news
0 Comments 0 Promotions -
BTR News: Juneteenth celebrations are based on lies - 10:00PM EST
June 19, 2013 from 10pm to 11pm – Black Talk Radio Network, NuVibe
According to Wikipedia, "Juneteenth, also known as Freedom Day or Emancipation Day, is a holiday in the United States that commemorates the announcement of the abolition of slavery in the U.S. sta…
Organized by Black Talk Radio News | Type: talk radio, news, politics
0 Comments 0 Promotions
Black Talk Radio News
Watermelon Basketballs, Gold Chains & Old Spice Swagger
Download MP3
Charles Lowman of NuVibe Radio joins us tonight to discuss the Syrius Institute of Learning - Dominican Republic which is seeking "to provide supplemental education to under-privileged children and to promote sustainability through adult education programs.". If you would like to contribute to this fund raising campaign you can find it on indiegogo where you will receive a thank you gift tailored to your contribution.
What does Watermelon Basketballs and Gold Chains have to do with deodorant? The Black Talk Media Project is asking that question. We expected suspected racist white people to defend the Old Spice commercial which aired during the NBA Finals last night but while not surprising, African-AMERICANS are failing to recognize the racial undertones of the not only the commercial but its placement.
In political news, a recent SCOTUS case resulted in the further erosion of so-called "civil rights". The US Supreme Court has ruled in a 5-4 decision in the case Salinas v. Texas, that your right to remain silent can be used against you in a criminal trial should you be charged with the crime for which you are being questioned by police. Texas Prosecutors in the case argued that Salinas’ silence during a police interview prior to his arrest was a “very important piece of evidence” and that only a guilty person would have remained silent when questioned about his connection to a crime. Justice Samuel Alito wrote in the majority opinion that Salinas “was required to assert the privilege in order to benefit from it,” even though a person questioned while under arrest could not have his silence used against him.
Political Prisoner Radio
Prison Radio Director Noelle Hanrahan
Download MP3
Political Prisoner Radio had an opportunity to catch up with the director of Prison Radio, Noelle Hanrahan. She is known most for her radio work with political prisoner and former Death Row member Mumia Abu Jamal in helping him to record and distribute his political commentaries from behind bars. She also participated in the production of the independent film "Long Distance Revolutionary: A Journey with Mumia Abu-Jamal" which is now available on DVD after a successful run in select theaters. We will also get into the repression of Black revolutionary politics in mainstream media.
After the interview we will share some of the latest events and alerts related to political prisoners.
Free All Political Prisoners, Free The Land!
Black Autonomy Federation Radio
BAF Radio: Food Insecurity, Homelessness Among Blacks and moving from Obedience to Rebellion to Insurrection
Download MP3 Black Autonomy Federation Radio will examine some serious issues facing the Black community today in the current economic and political climate in the United States. TOPICS I.) Food Security and being removed from food-stamps. Sequester Obama government cutbacks II). 50% of the Homeless in America are Black! III). Moving from obedience to Rebellion and InsurrectionNew Abolitionists Radio
w/ J. Jondhi Harrell & Glenn Davis from "Decarcerate PA"
Download MP3
Tonight we will be joined by Mr. J. Jondhi Harrell and Mr. Glenn Davis from "Decarcerate PA" which back in May held a march in Pennsylvania to demand a people's budget that invests in communities and not prisons. Judging from the participation in the march, it was successful in raising public awareness about 21st Century Slavery and Human Trafficking.
"Decarcerate PA is a grassroots campaign working to end mass incarceration in Pennsylvania. We demand that PA stop building prisons, reduce the prison population, and reinvest money in our communities."
After we speak with Mr. Harrell and Mr. Davis we will share some of the latest news related to 21st Century Slave and Human Trafficking and open the phone lines for a general discussion on the issue.
Move To Abolish 21st Century Slavery
Militant Minded Radio
World Star Hip-Hop creator asked to stop exploiting minors and the mentally challenged
Download MP3
World Star Hip-Hop has built a media platform that has become a clearinghouse for the worst of “Urban America” according to a recent Change.org petition created by Supreme Understanding of Supreme Design Publishing.
The petition says, "There are some things that we all should know are wrong. Things like sexually exploiting minors or the mentally ill. The administrators of WorldStarHipHop.com apparently do not share these standards of human decency."
Supreme Understanding will join us tonight along with Scotty Reid of the Black Talk Media Project and members of the Militant Mind Movement on Militant Minded Radio to discuss this issue and why the Black community should be involved in this campaign to stop the exploitation of our most vulnerable people.
Occupy The Microphone
240,000 turn out to protest bus fare and police brutality in Brazil
DOWNLOAD MP3
Massive protests have been going on in Brazil for over a week as the 99% take to the streets in protest over the raising of bus fare in that poor see as means for the rich to pay for a sports complex. A video of eight cops giving a reporter a Rodney King style beating caused even more Brazilians to take to the streets.
There has been very little in-depth coverage by the mainstream of PFC Bradley Manning's trial. "Bradley Edward Manning is a United States Army soldier who was arrested in May 2010 in Iraq on suspicion of having passed classified material to the website WikiLeaks." We had an opportunity to catch up with one reporter who has been providing in-depth coverage and you can tune in today to hear our interview with journalist Alexa O'Brien. You can follow Alexa's reporting on her website and follow her on Twitter.
In Spartanburg, SC, a group of families confronted Sheriff Chuck Wright over the cases of men who were killed where it was ruled self defense. One mother, Darlene Smith questioned Wright over her son's case who was shot in the head along with another man. Michael Deangelo Gentry-Hill and Darren Hill were both shot in the head allegedly while attempting to break into an apartment. Neither of the two were armed when Douglas Williams confronted them outside his apartment instead of waiting till the men entered the apartment or allowing the police who were called to get there and investigate the alleged crime.
Call the show at 864-751-0115 or 864-751-0116
Listen By Phone: 1-724-444-7444 Call ID 124529#
Get the smartphone App for iPhone & Android from our audio blog.
Catch us in the Upstate of SC on 105.7FM & 910AM
To advertise on the show email Gregg: info@occupythemicrophone.com
Black Talk Radio News
NY Daily News launches personal attack on Serena Williams over rape prevention comments
By Scotty Reid 6/16/2013 news, sports, society
A writer for the NY Daily News is catching heat from readers after launching a personal attack on top ranked women’s tennis player Serena Williams over rape prevention comments she made to Rolling Stone about the 16 yr old victim of the Steubenville, Ohio sexual assault case.
Two teenage football players were charged and convicted of various charges connected an alleged sexual assault they committed…
NSA believes analysts have legal authority to listen to phone calls without warrants
By Scotty Reid 6/16/2013. news, politics
One week ago, following revelations of the PRISM system - as leaked by whistle-blower Eric Snowden to reporter Glenn Greenwald, President Obama took to a podium to proclaim to…
Retired NYPD detective stands accused of torturing confessions out of his victims
By Scotty Reid, 6/15/2013 news
An retired NYPD officer who was celebrated within the department and even once appeared on Dr. Phil to discuss false confessions stands accused of torturing confessions out of victims Jon Burge style. Jon Burge is the former Chicago police commander who along with others under his command tortured victims into confessing to crimes they did not commit. Many of the victims are thought to remain behind bars as the city of Chicago and the…
Twenty-thousand Jews protest against Israel in NYC
By Scotty Reid 6/10/2013 news, politics, opinion
20,000 people of the Jewish faith in New York City descended upon Federal Plaza in Manhattan yesterday and although it was a huge event protesting Israel and Zionism, the major corporate news outlets…
Why I observe Memorial Day but not Veterans Day
By Scotty Reid 5/24/2013 news, culture, opinion
Even though I am a veteran of the US Army,I do not celebrate nor recognize Veteran's Day. First, I was an uninformed twenty something when I joined and I only joined to get money for college coming from a poor working class family. I also do not think cops or soldiers…
© 2013 Created by Black Talk Radio Network™.
