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| | *Cornelia Whitner of [[Central, South Carolina]] [[plea|pled guilty]] in 1992 to a charge of [[child abuse|criminal child neglect]] after she was discovered to have used [[cocaine]] while pregnant. Sentenced to eight years in [[prison]], she petitioned the [[Court of Appeals]] 16 months later, claiming that she had been given [[Ineffective assistance of counsel|ineffective counsel]] because her lawyer had failed to inform her that the charges laid against her might not be applicable given the legal status of a fetal child. However, in the 1997 case ''Whitner v. South Carolina'', the [[Supreme Court of South Carolina]] upheld its prosecution of Whitner.<ref>Costello, Robert G. (2001). [http://www.boalt.org/bjcl/v4/v4costello.htm Fetal Endangerment: A Challenge For Criminal Law]. ''Boalt Journal of Criminal Law, 4.'' Retrieved July 31, 2006.</ref><ref>Lewin, Tamar. (October 30, 1997). "[http://www.nytimes.com/specials/women/warchive/971030_903.html Abuse Laws Cover Fetus, a High Court Rules]." ''The New York Times.'' Retrieved July 30, 2006.</ref><ref>''[http://hometown.aol.com/abtrbng/whitner.htm Whitner v. State]{{Dead link|date=June 2009}},'' 328 S.C. 1, 492 S.E.2d 777 (1997).</ref> | | *Cornelia Whitner of [[Central, South Carolina]] [[plea|pled guilty]] in 1992 to a charge of [[child abuse|criminal child neglect]] after she was discovered to have used [[cocaine]] while pregnant. Sentenced to eight years in [[prison]], she petitioned the [[Court of Appeals]] 16 months later, claiming that she had been given [[Ineffective assistance of counsel|ineffective counsel]] because her lawyer had failed to inform her that the charges laid against her might not be applicable given the legal status of a fetal child. However, in the 1997 case ''Whitner v. South Carolina'', the [[Supreme Court of South Carolina]] upheld its prosecution of Whitner.<ref>Costello, Robert G. (2001). [http://www.boalt.org/bjcl/v4/v4costello.htm Fetal Endangerment: A Challenge For Criminal Law]. ''Boalt Journal of Criminal Law, 4.'' Retrieved July 31, 2006.</ref><ref>Lewin, Tamar. (October 30, 1997). "[http://www.nytimes.com/specials/women/warchive/971030_903.html Abuse Laws Cover Fetus, a High Court Rules]." ''The New York Times.'' Retrieved July 30, 2006.</ref><ref>''[http://hometown.aol.com/abtrbng/whitner.htm Whitner v. State]{{Dead link|date=June 2009}},'' 328 S.C. 1, 492 S.E.2d 777 (1997).</ref> |
| | * A mother from [[Winnipeg, Manitoba]] who had an [[inhalant]] [[addiction]] in 1996. She had three previous children, and, when she became pregnant a fourth time, Winnipeg Child and Family Services sought a [[court order]] permitting her to be [[involuntary commitment|committed]] to a [[drug rehabilitation]] facility for the remaining duration of her pregnancy. A judge agreed that the mother should be taken into custody. However, the decision was overturned by the [[Manitoba Court of Appeal]].<ref>Robinson, B.A. Ontario Consultants for Religious Tolerance. (November 14, 1997). [http://www.religioustolerance.org/abo_feta.htm Balancing the Rights of the Woman and Her Fetus]. Retrieved July 31, 2006.</ref> | | * A mother from [[Winnipeg, Manitoba]] who had an [[inhalant]] [[addiction]] in 1996. She had three previous children, and, when she became pregnant a fourth time, Winnipeg Child and Family Services sought a [[court order]] permitting her to be [[involuntary commitment|committed]] to a [[drug rehabilitation]] facility for the remaining duration of her pregnancy. A judge agreed that the mother should be taken into custody. However, the decision was overturned by the [[Manitoba Court of Appeal]].<ref>Robinson, B.A. Ontario Consultants for Religious Tolerance. (November 14, 1997). [http://www.religioustolerance.org/abo_feta.htm Balancing the Rights of the Woman and Her Fetus]. Retrieved July 31, 2006.</ref> |
| − | * Brenda Drummond, 29, of [[Carleton Place, Ontario]] tried to abort at 9 months on [[28 May]] [[1996]] by introducing a pellet gun in her vagina and shooting her fetal child in the head. Attempted murder charges against her were dropped since the [[Criminal Code of Canada]] definition of "human being" doesn't include fetuses. She was later sentenced to 30 months probation for "failing to provide the necessities of life" for having failed to report the injury immediately after her son's birth.<ref>BC Pro-Choice Action Network. ''Pro-Choice Press,'' [http://www.prochoiceactionnetwork-canada.org/prochoicepress/97spring.shtml "Drummond Update",] Spring 1997. (Retrieved 6 March 2008).</ref><ref>Régis Bouchard. ''Le Droit,'' "Brenda Drummond pourra refaire sa vie", 7 February 1997.</ref> | + | * Brenda Drummond, 29, of [[Carleton Place, Ontario]] tried to abort at 9 months on [[28 May]] [[1996]] by introducing a pellet gun in her vagina and shooting her fetal child in the head. Attempted murder charges against her were dropped since the [[Criminal Code of Canada]] definition of "human being" doesn't include individuals in fetal stages of development. She was later sentenced to 30 months probation for "failing to provide the necessities of life" for having failed to report the injury immediately after her son's birth.<ref>BC Pro-Choice Action Network. ''Pro-Choice Press,'' [http://www.prochoiceactionnetwork-canada.org/prochoicepress/97spring.shtml "Drummond Update",] Spring 1997. (Retrieved 6 March 2008).</ref><ref>Régis Bouchard. ''Le Droit,'' "Brenda Drummond pourra refaire sa vie", 7 February 1997.</ref> |
| | * Melissa Ann Rowland of [[Salt Lake City]], [[Utah]] was charged with [[murder]] in 2004 after her refusal to undergo a [[caesarean section]] resulted in one of the two in her [[twin]] pregnancy being [[Stillbirth|stillborn]].<ref>"[http://news.bbc.co.uk/2/hi/americas/3504720.stm Mother charged in Caesarean row]." (March 12, 2004). ''BBC News.'' Retrieved July 31, 2006.</ref> Rowland was later sentenced to 18 months probation as a result of secondary charge of [[child abuse|child endangerment]].<ref>Sage, Alexandria. (April 29, 2004). "[http://www.cbsnews.com/stories/2004/03/12/national/main605537.shtml Utah C-Section Mom Gets Probation]." ''CBS News.'' Retrieved July 31, 2006.</ref> | | * Melissa Ann Rowland of [[Salt Lake City]], [[Utah]] was charged with [[murder]] in 2004 after her refusal to undergo a [[caesarean section]] resulted in one of the two in her [[twin]] pregnancy being [[Stillbirth|stillborn]].<ref>"[http://news.bbc.co.uk/2/hi/americas/3504720.stm Mother charged in Caesarean row]." (March 12, 2004). ''BBC News.'' Retrieved July 31, 2006.</ref> Rowland was later sentenced to 18 months probation as a result of secondary charge of [[child abuse|child endangerment]].<ref>Sage, Alexandria. (April 29, 2004). "[http://www.cbsnews.com/stories/2004/03/12/national/main605537.shtml Utah C-Section Mom Gets Probation]." ''CBS News.'' Retrieved July 31, 2006.</ref> |
| | * [[Governor|Gov.]] [[Jeb Bush]] sought appointment of a [[legal guardian]] to protect the fetus of a [[developmental disability|developmentally-disabled]] [[rape]] victim in 2003. The woman, who could not assist police in identifying her assailant, was raped while living in a [[group home]] in [[Orlando, Florida]].<ref>Canedy, Dana. (May 15, 2003). "[http://query.nytimes.com/gst/fullpage.html?sec=health&res=9D07E0D61F3FF936A25756C0A9659C8B63 Gov. Jeb Bush to Seek Guardian for Fetus of Rape Victim]." ''The New York Times.'' Retrieved July 31, 2006.</ref> She gave birth to a child in [[September 2003]].<ref>"[http://www.cbsnews.com/stories/2003/09/01/national/main570970.shtml Disabled Rape Victim Gives Birth]." (September 1, 2003). ''CBS News.'' Retrieved July 31, 2006.</ref> | | * [[Governor|Gov.]] [[Jeb Bush]] sought appointment of a [[legal guardian]] to protect the fetus of a [[developmental disability|developmentally-disabled]] [[rape]] victim in 2003. The woman, who could not assist police in identifying her assailant, was raped while living in a [[group home]] in [[Orlando, Florida]].<ref>Canedy, Dana. (May 15, 2003). "[http://query.nytimes.com/gst/fullpage.html?sec=health&res=9D07E0D61F3FF936A25756C0A9659C8B63 Gov. Jeb Bush to Seek Guardian for Fetus of Rape Victim]." ''The New York Times.'' Retrieved July 31, 2006.</ref> She gave birth to a child in [[September 2003]].<ref>"[http://www.cbsnews.com/stories/2003/09/01/national/main570970.shtml Disabled Rape Victim Gives Birth]." (September 1, 2003). ''CBS News.'' Retrieved July 31, 2006.</ref> |