Laura E. Gómez - Misconceiving mothers: legislators, prosecutors, and the politics of prenatal drug exposure

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title	:	Misconceiving Mothers : Legislators, Prosecutors, and the Politics of Prenatal Drug Exposure Gender, Family, and the Law
author	:	Gmez, Laura E.
publisher	:	Temple University Press
isbn10 | asin	:	1566395585
print isbn13	:	9781566395588
ebook isbn13	:	9780585364124
language	:	English
subject	Pregnant women--Drug use--Government policy--California, Drug abuse in pregnancy--Government policy--California, Cocaine habit--Government policy--California, Crack (Drug)--Government policy--California, Narcotics, Control of--California.
publication date	:	1997
lcc	:	HV5824.W6G66 1997eb
ddc	:	362.29/082
subject	:	Pregnant women--Drug use--Government policy--California, Drug abuse in pregnancy--Government policy--California, Cocaine habit--Government policy--California, Crack (Drug)--Government policy--California, Narcotics, Control of--California.

Page i Misconceiving Mothers Legislators, Prosecutors, and the Politics of Prenatal Drug Exposure

Page ii In the series Gender, Family, and the Law, edited by D. Kelly Weisberg

Page iii Misconceiving Mothers Legislators, Prosecutors, and the Politics of Prenatal Drug Exposure Laura E. Gmez

Page iv Temple University Press, Philadelphia 19122 Copyright 1997 by Temple University. All rights reserved Published 1997 Printed in the United States of America The paper used in this book meets the requirements of the American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984 Text design by Will Boehm Library of Congress Cataloging-in-Publication Data Gmez, Laura E., 1964 Misconceiving mothers : legislators, prosectutors, and the politics of prenatal drug exposure / Laura E. Gmez. p. cm.(Gender, family, and the law) Includes bibliographical references and index. ISBN 1-56639-557-7 (cloth:alk. paper).ISBN 1-56639-558-5 (pbk.:alk. paper) 1. Pregnant womenDrug useGovernement policyCalifornia. 2. Drug abuse in pregnancyGovernment policyCalifornia. 3. Cocaine habitGovernment pol icyCalifornia. 4. Crack (Drug)Government policyCalifornia. 5. Narcotics, Control ofCalifornia. I.Title. II. Series. HV5824.W6G66 1997 362.29'082dc21 97-1634

Page v To my parents, Antonio Jos Gmez and Eloyda Gonzles Gmez

Page vii Contents Acknowledgments ix Introduction 1 One Discovering "Crack Babies": The News Media and Medical Science 11 Two Lawmaking and the Making of a Social Problem 27 Three The Politics of Pregnancy: Institutionalizing Prenatal Drug Exposure 41 Four Claims-making in the Criminal Justice System: Prosecutors on "Crack Babies" 63 Five Making Sense of the Gap Between Prosecutors' Rhetoric and Their Responses 93 Conclusion 117

Page viii Appendix: A Note on Methodology 125 Notes 135 Bibliography 153 Index 199

Page ix Acknowledgments Books, like other intellectual enterprises, are collective products, and I am happy to acknowledge the many individuals and institutions that contributed to this project. In the early years of this project, many colleagues and friends provided advice and criticism: Rick Abel, Barbara Babcock, Debbie Barrett, Nitza Berkovitch, Gili Drori, Elida Flores, Antonio Gmez, Angela Harris, Jerry Herting, Lisa Ikemoto, Charlie Kurzman, Gillian Lester, Christine Littleton, Jerry Lpez, Connie McNeely, Miguel Mndez, Maria Ontiveros, Aaron Porter, Peggy Radin, Deborah Rhode, Manuela Romero, Renato Rosaldo, Seana Shiffrin, Blanca Silvestrini, Carrie Skelly, Ryan Smith, Clyde Spillenger, and Kim Taylor-Thompson. Lawrence Friedman, John Meyer, and Cecilia Ridgeway were especially helpful, and I am grateful for their ongoing mentorship and friendship. I have also benefited immensely from presentations of various chapters to the following audiences: the UCLA Law School Faculty Colloquium; the UCLA Law School Junior Faculty Group; the Feminist Research Seminar at the Center for the Study of Women, UCLA; annual meetings of the Law and Society Association, the American Sociological Association, and the Pacific Sociological Association; the Western Law Professors of Color Conference; the Center for Feminist Research, University of Southern California; the Department of Criminology, Law and Society, UC Irvine; the Law and Identity Workshop at Boalt Hall, UC Berkeley; and the Stanford Law School Wednesday Lunch Series.

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