Regina McKnight's case overturned on PCR
In 2001, Regina McKnight was found guilty of homicide by child abuse because cocaine was found in her system after her child was stillborn. Jody Barr at WBTW says that this was a landmark case, which set a national precedent. She may have missed this recent South Carolina Supreme Court opinion granting post-conviction relief to McKnight.
McKnight's first trial in January 2001 resulted in a mistrial, but she was convicted at her second trial in May 2001. The conviction was upheld on direct appeal, but this month, 6 years later, McKnight was granted post-conviction relief.
The prosecution of mothers who test positive for cocaine has been fraught with problems and controversial from the beginning. The idea of a pregnant woman using cocaine is offensive and the knee jerk response is that there is no doubt this is child abuse. But this view ignores the nature of cocaine addiction. Cocaine addiction is powerful enough that many who are addicted cannot make a conscious decision to stop using. When a person is under a compulsion to continue using drugs, there is no intent to harm the child - there is no "conscious act of disregarding a risk which a person's conduct has created." State v. McKnight (2003).
Prosecution of pregnant women who are addicted to drugs is counterproductive, and it is not a deterrence. It discourages addicted women who discover they are pregnant from seeking help. It discourages them from seeking prenatal care at hospitals or treatment for their addiction, for fear they will be arrested and prosecuted. It creates an incentive for women to seek abortions, to avoid detection and prosecution.
It would make more sense to make it known that if an addicted and pregnant woman comes to a hospital for help, they will receive not only prenatal care but confidential referrals to treatment programs. It makes sense to invest more resources in long-term treatment programs that are equipped to deal with the specialized needs of pregnant women, and women with very young children.
It is always a popular political move to prosecute and punish any given class of "criminal." Treatment, prevention, understanding, compassion does not win votes.
