Should the consumption of alcohol and/or drugs during pregnancy become a crime?

[Hàkon]

Neuroscientific explanations of our behaviour and our lives have become increasingly popular, and this neuromolecular gaze has become our common vision of life, but whereas we now better understand the multitude of neurological mechanisms which make it very hard for substance dependent individuals to control their behaviour (not to mention the difference in inherent degrees of neurological inclination towards substance abuse to begin with), legislation has taken an opposite turn in general, heralding a more punitive approach.

Put short, while we become more and more aware of how we are defined by our brains, which caters for some removal of responsibility, we hold ourselves increasingly more responsible for our actions.

Now, let us for an example apply what we know to the issue of substance (ab)use in pregnant women - should it become a crime? Is it always a crime? Discuss.

A fairly educational and easy to digest video on drug addiction:

Spoiler!

[Hadouken]

yes

[Hàkon]

yes

Is that an intuitive reaction? What is your motivation behind it? And does it hold regardless of the kind of drug, as well as type of alcoholic beverage?

What kind of punishment would you see fit?

[Furnace]

I agree, but where do we draw the line? Can substances like caffeine be considered a drug? I am sure it has some impact on a fetus during its development.

[Porpolita]

I believe in freedom. I think everyone should be free to consume whatever alcohol or drugs they like.

But I think the limits to freedom should be if it impacts the basic human rights and freedom of another person. In this case consuming alcohol/tobacco/other drugs during pregnancy may impact the future wellbeing of the developing baby. If the mother really wants best for the child she is carrying, she will not do something so selfish.

So I vote yes, it should be criminalised.

[Hàkon]

I believe in freedom. I think everyone should be free to consume whatever alcohol or drugs they like.

But I think the limits to freedom should be if it impacts the basic human rights and freedom of another person. In this case consuming alcohol/tobacco/other drugs during pregnancy may impact the future wellbeing of the developing baby. If the mother really wants best for the child she is carrying, she will not do something so selfish.

So I vote yes, it should be criminalised.

As far as I've understood it, the detrimental power of alcohol and drugs largely depends on the amount of and the developmental state of the fetus at the time of consumption: that is to say, there is a significant difference between use and abuse.

So, if it's a victimless crime, would not criminalisation pose as nothing but an unnecessary infringement on a person's freedom?

In addition, the drug abusing mother is more often than not a person of a troubled background and great despair; while I understand the statement that criminalisation is, how would it really be beneficial? Wouldn't it be attacking a symptom instead of the actual problem?

[Gustave H]

Yes. Punishment: Death by firing squad.

[Hàkon]

Other opinions?

[armenianbodyhair]

Yes

[Kale]

In a socialist system, yes, it should definitely be illegal.
In an individualist system, no, it should not be illegal.