Prosecuting Pregnancy in Alabama: The Fetal Personhood Movement and the Growth of Chemical Endangerment Charges

• In Event: International Criminal Law Making Policies Panel 1

Abstract

Since the overturning of Roe v. Wade in 2022, women across the United States are increasingly charged with chemical endangerment for using using illegal substances while pregnant. Whereas chemical endangerment charges were historically used to punish adults who use or produce illegal substances in the presence of children, the growth of the fetal personhood movement has shifted the criminal justice gaze to protecting fetuses. Accordingly, pregnant women who use illegal substances are now being criminalized for their pregnancies regardless of the birth outcome. The state of Alabama is currently leading the country in the use of chemical endangerment charges against pregnant women. This study explores the demographics, arrests, and case outcomes of chemical endangerment charges in Alabama post-2022. We analyze data collected from the Alabama state court system in conjunction with Pregnancy Justice (NGO) and the Appalachian Research Center, to better understand this criminal justice phenomenon and theorize the potential implications for women struggling with substance abuse addiction, the policing-health care overlap, and the broader rights of pregnant women.

Authors

• Brittany VandeBerg, University of Alabama

• Susan Dewey, The University of Alabama