Pregnant Prisoners in Shackles

Photo by niu on Unsplash ABSTRACT Shackling prisoners has been implemented as standard procedure when transporting in labor and during childbirth. This ensures the protection of both public healthcare workers. However, act shackling pregnant violates principles ethics that physicians are supposed to uphold. paper will explore how principle justice beneficence, making practice unethical. INTRODUCTION Some states allow incarcerated women transport while hospital for delivery. Currently, only 22 have legislation prohibiting women.[1] Although many anti-shackling laws restraints, these also contain an “extraordinary circumstances” loophole.[2] Under this exception, officers shackle if they pose a flight risk, any history violence, threat themselves or others.[3] Determining whether prisoner is shackled left solely correctional officer.[4] Yet even state restrictions often disregarded. In childbirth, institutions interfering with ability safe childbirth experiences fair treatment. Moreover, cannot exercise various ethical duties law constrains them. article, I discuss physical mental harms result from use restraints under backdrop slavery discrimination against color particularly. argue stereotypes feed into phenomenon women, especially color. further assert makes it difficult medical professionals be beneficent promote justice. BACKGROUND Female incarceration rates United States fast growing since 1980s.[5] With 498 percent increase female population between 1981 2021, pregnancy people climbed.[6],[7] over 1.2 million were States.[8] An estimated 55,000 admitted jails each year.[9],[10] Many remain throughout transported exact number restrained inmates unclear, study found 83 prenatal nurses reported their patients shackled.[11] I. Harms Caused caused instances psychological harm. period before at high risk falling.[12] The shift women’s center gravity, wrist prevent them breaking fall, increasing falling stomach harming fetus.[13] Another aspect inhibited using testing treating complications. Delays identifying conditions such hypertension, pre-eclampsia, appendicitis, kidney infection, preterm labor, vaginal bleeding can threaten lives mother fetus.[14] During delivery, prevents methods alleviating severe pains giving birth.[15] Usually, recommend walk assume positions relieve accelerate labor.[16] solutions.[17] limits mobility which may compromise health fetus.[18] Tracy Edwards, former who filed lawsuit unlawful her pregnancy, was twelve hours. She unable move adjust position lessen pain discomfort labor.[19] shackles skin ankles red bruised. Continued increases potentially life-threatening issues associated blood clots.[20] It imperative get treated rapidly, unpredictability labor. Epidural administration become difficult, some cases, denied due woman’s inability proper position.[21] Time-sensitive care, including C-sections, could delayed permission officer required, risking major complications fetus mother.[22] After impedes recovery process. post-delivery deep vein thrombosis.[23] Walking but not option mothers beds.[24] Restraints bonding baby handling breast feeding.[25] feel though care workers treat like “animals,” having multiple once— ankles, wrists, waist restraints.[26] Benidalys Rivera describes feeling embarrassment she walking handcuffed, looking on, “Being shackles, make you stress…I about baby, I’m going go back jail. So it’s too much.”[27] Depression among highly prevalent. stress imprisonment anticipation being separated child overwhelming mothers.[28] inhumane action potential add more stress, anxiety, sadness already emotionally demanding process birth. displays indifference needs prisoner.[29] II. Safety Pretense While safety argument several factors escape violence extremely unlikely impossible.[30] For example, administering epidural anesthesia causes numbness eliminates risk.[31] cited main reason likely just excuse motivator prisoners. underlying exemplifies idea should pregnant. reflects distinct discrimination: lawmakers allowing perhaps thought guilty crimes would bad mothers. Public pretense. language used justify restraint Shawanna Nelson, plaintiff Nelson v. Correctional Medical Services, discussed below, included word “aggressive.”[32] case, there no evidence posed danger objectively aggressive. Officer Turnesky, supervised testified never felt threatened Nelson.[33] lack documented attempts suggests false pretense merely based stereotypes.[34] 2011, Amnesty International report noted “Around USA, common sick kept hospital, regardless (which minority have) ever absconded attempted few have).”[35] 2020 survey select midwestern prisons, 76 disagreed strongly restraining delivery.[36] If prisoner, because perception do. mindset attributed enforcement, authority restraints.[37] 2022, Tennessee legislature passed bill inmates. legislators amended Sherriff Association’s belief “threat.”[38] Subjecting all same “precautions” small percentage individuals risks reflect stereotyping assumption risk. To quell (unjustified) concern, other options do cause harm women. San Francisco General Hospital does deputy sheriffs outside doors.[39] III. Historical Context Race A. Slavery Post-Civil War treatment striking similarities enslaved Originally, slaves mechanism control dehumanization.[40] enabled sexual abuses. intentionally dehumanizing facilitate subordination, slave owners stripped feminine identity.[41] Slave exhibit Victorian model “good mothering” lacked maternal feelings children.[42] turn, societal defeminized barred utilizing protections womanhood motherhood. post-Civil era, black reversely depicted sexually promiscuous arrested prostitution than white women.[43] society excluded women; seen lacking what “acceptable good” had.[44] historical labeling deviant influences today’s lead mothers.[45] Over two-thirds color.[46] reports document misconduct years.[47] Male guards raped, assaulted, inappropriately touched attribute abuse stereotyped “aggressive, deviant, domineering.”[48] expect express stoicism not, label dangerous, irresponsible, aggressive.[49] mirrors oppression endured following era slavery. extends prison setting hospital. One stated thirty-hour shackled, “felt farm animal.”[50] guard stating: “a grabbed me hair up. screaming: ‘B***h, up.’ Then said, ‘That happens f***ing junkie. You shouldn’t drugs, wouldn’t here.”[51] goes beyond punishing isolation – additional punishment justified. B. Reproductive Rights “Bad Mothers” As maternal, viewed “real mothers.” A said following: “I’m two know impulse, instinct, mothering instinct feels like. takes over, put your kids harm’s way. . Women here that. Something nature right, know?”[52] comment implies instinct. They line standards accepts “woman” “mother” abandoned roles caretakers pursuit behaviors. Without consideration racial discrimination, poverty issues, trauma, restricted access right after simply prison. Reminiscent bodies post-civil war reproductive interventions (for Norplant forced sterilization) exchange shorter sentences, form control. Justification includes “punitive instrument remind punishment.”[53] prisoner’s relevance sentence.[54] Using demonstrates tolerates support it.[55] punished “for bearing children, law.”[56] Physicians workers, result, responsible providing delivery rectifying problems restraints. arise place complex experience regular healthy pregnancies. C. Discrimination case Ferguson City Charleston, university subjected woman involuntary drug pregnancy. doing so, collaborated enforcement penalize drugs pregnancy.[57] Court held tests unreasonable search violated Fourth Amendment. Charleston reveals unjustified assumption: legal community seemed suspicious had predetermined Their fitness needed proven, wealthy, presumed fit.[58] similarly denies prisoners’ attention. Staten Lackawanna County, African American whose serious indifferently jail staff give birth cell.[59] through withholding attention empathy. IV. Failure Follow Anti-Shackling Laws Despite prisoners, always follow laws. 2015, Association New York 27 gave custody, 23 violation laws.[60] lawyer inmate unlawfully twelve-hour stated, “I don’t think we there’s passed, that’s automatically trickle down prison.”[61] Even shackling, still occur, partly stereotype aggressive dangerous. V. Constitutionality Eighth Amendment protects cruel unusual punishment. Brown vs. Plata, court “Prisoners retain essence human dignity inherent persons.”[62] unconstitutional unless specifically 12 hours brief respite pushed, then re-shackled. emotional pain, intense cramping relieved positioning up toilet.[63] clear security concern must shackling. similar DC precedents hold facilities hospitals accountable.[64] Arkansas justified escape.[65] Thirteenth applied those convicted crimes, amendment well Eighth. Civil Cases, Congress upheld “to enact necessary obliteration prevention its badges incidents.”[66] Section condemns trace acts comparable stripping dignity, justification origins slaves. Viewed lens Amendment, unconstitutional. Nonetheless, explicitly excludes crime. VI. Justice obligation, addition duty, protect patients. requires take stand discriminatory patients, eye enforcement.[67],[68] “badge gun intimidation,” threats noncompliance, fear losing one’s license impede physician’s willingness advocate College Obstetricians Gynecologists (ACOG) finds interferes clinicians medicine safely.[69] ACOG, Association, National Commission Health Care, organizations oppose people.[70] Yet, adopt without consultation physicians. ACOG argues “State taking upon define concepts reference evidence. penalties [faced OBGYNs] violating vague, unscientific include criminal sentences.”[71] Legislation consider implications discourages physicians’ input altogether unjust. nullifying voice physician matters pertaining patient’s treatment, prevented fulfilling justice, VII. Principle Beneficence beneficence harm, removal promotion good.[72] demands avoid benefit welfare.[73] Board Internal Medicine Foundation work patient improve quality care.[74] adequately goal healing. good imposes doctors around Law leaves provide rectify ailments arising Doctors application request off patient.[75] along arguably beneficence. most, rather overtly, compromise. Given intricate situation, tasked minimizing best abilities adhering obligations.[76] pin ones powerless remove violate beneficence.[77] promoting well-being within boundaries fulfill fullest capacity, influence law. Protocols assessments made currently undermine expertise. These decisions woman. supersedes care. CONCLUSION People uphold four bioethics. override compromises pledging enforce principles, little opportunity legislation. Instead conversations regarding complexities, silences voices. Policies physician's affect Officers dismiss causing woman's shackles.[78] federal end people. Because available ensure person respect. safeguard public, essential advocates individual rights join forces establish all-encompassing solution. - [1] Ferszt, G. G., Palmer, M., & McGrane, (2018). Where Pregnant Incarcerated Women? Nursing Women’s Health, 22(1), 17–23. https://doi.org/10.1016/j.nwh.2017.12.005 [2] S983A, 2015-2016 Regular Sessions (N.Y. 2015). https://legislation.nysenate.gov/pdf/bills/2015/S983A [3] Chris DiNardo, Pregnancy Confinement, “Extraordinary Circumstances” Loophole, 25 Duke Journal Gender Policy 271-295 (2018) https://scholarship.law.duke.edu/djglp/vol25/iss2/5 [4] DiNardo [5] U.S. Bureau Statistics. 1980. 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