Picture a court of law, jury in place, set to determine the fate of a woman who has had a miscarriage. And she’s been charged with murder.
This hypothetical is part of how the National Association of Criminal Defense Lawyers (NACDL) is training its members to prepare for a wave of criminal charges if, as expected, the Supreme Court overturns Roe v. Wade.
Only it’s not a hypothetical — this happened in 2019. After a California woman delivered a stillborn baby at 8 months, she tested positive for meth at the hospital and the staff called the police. The Kings County prosecutor charged her with the “murder of a human fetus” and she spent 16 months in jail before the charges were dismissed.
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