Column: Pregnant inmates treated inhumanely
Bob Bajek / Columnist
Issue date: 3/3/09 Section: Opinions
A pregnant Juana Villegas De La Paz drove through Nashville, Tenn., last July and was stopped by a police officer. De La Paz was arrested for driving without a license and being an illegal immigrant. Her water broke in jail and she was handcuffed until two hours before delivery. She was separated from her child hours after its birth for a civil misdemeanor and traffic violation. This is a shocking occurrence in the United States prison system, which practices the injustice of shackling pregnant inmates during labor. Forty-seven states do not have regulations on shackling pregnant inmates. Only Illinois, California and Vermont have some restrictions.
According to a Justice Department report in 1999, about 5 percent of female prisoners arrive pregnant. Out of 40,000 new inmates, around 2,000 will give birth in prison.
Studies have shown dangers of shackling. Amnesty International USA states hemorrhage or decreased fetal heart rate could occur for the newborn due to shackling. If a caesarian section is needed, a delay of even five minutes may result in permanent brain damage to the baby.
The mother is also in danger. The New York Times reported three years ago on how cruel and absurd shackling is through the experience of an unfortunate mother. Shawanna Davis was at an Arkansas prison for identity fraud and writing bad checks. She arrived at a hospital on Sept. 20, 2003, and was in labor for more than 12 hours with her legs shackled together with no anesthesia.
The shackles dug into her skin until she was well advanced in labor. Her doctors had to plead with her guard to remove the restraints because she could not spread her legs. Davis received lasting back pain and damage to her sciatic nerve because of this abuse. The Arkansas prison system defended its action in a "logical" fashion.
"Though these are pregnant women, they are still convicted felons and sometimes violent in nature," said Dina Tyler, a spokeswoman for the Arkansas Department of Corrections. "There have been instances when we've had a female inmate try to hurt hospital staff during delivery."
However, there are no overwhelming records of many attempted escapes.
Sally J. Lieber, an assemblywoman from Mountain View, Calif., thinks shackling is unnecessary.
"These women are mostly in for minor crimes and don't pose a flight risk," Lieber said. "Madera Community Hospital is in one of the most remote parts of California. It's hard to walk to a filling station, much less a bus stop."
Shackling in these cases should be abolished because the law does not make sense. The Center for American Progress reports that about 71 percent of all female arrests are non-violent offenses like drug abuse. How many women in labor will overpower guards to escape and harm others?
Most of the mothers are untreated drug addicts who were sexually abused. This abuse sometimes continues from correctional officers subjecting the women to rape, sexual assault or groping.
Giving birth and the initial bonding between mother and child is a sacred bond that should not be violated. The prison system should see these women as human beings, not monsters.
Bob Bajek is a junior journalism major. He can be reached at 581-7942 or at DENopinions@gmail.com.
According to a Justice Department report in 1999, about 5 percent of female prisoners arrive pregnant. Out of 40,000 new inmates, around 2,000 will give birth in prison.
Studies have shown dangers of shackling. Amnesty International USA states hemorrhage or decreased fetal heart rate could occur for the newborn due to shackling. If a caesarian section is needed, a delay of even five minutes may result in permanent brain damage to the baby.
The mother is also in danger. The New York Times reported three years ago on how cruel and absurd shackling is through the experience of an unfortunate mother. Shawanna Davis was at an Arkansas prison for identity fraud and writing bad checks. She arrived at a hospital on Sept. 20, 2003, and was in labor for more than 12 hours with her legs shackled together with no anesthesia.
The shackles dug into her skin until she was well advanced in labor. Her doctors had to plead with her guard to remove the restraints because she could not spread her legs. Davis received lasting back pain and damage to her sciatic nerve because of this abuse. The Arkansas prison system defended its action in a "logical" fashion.
"Though these are pregnant women, they are still convicted felons and sometimes violent in nature," said Dina Tyler, a spokeswoman for the Arkansas Department of Corrections. "There have been instances when we've had a female inmate try to hurt hospital staff during delivery."
However, there are no overwhelming records of many attempted escapes.
Sally J. Lieber, an assemblywoman from Mountain View, Calif., thinks shackling is unnecessary.
"These women are mostly in for minor crimes and don't pose a flight risk," Lieber said. "Madera Community Hospital is in one of the most remote parts of California. It's hard to walk to a filling station, much less a bus stop."
Shackling in these cases should be abolished because the law does not make sense. The Center for American Progress reports that about 71 percent of all female arrests are non-violent offenses like drug abuse. How many women in labor will overpower guards to escape and harm others?
Most of the mothers are untreated drug addicts who were sexually abused. This abuse sometimes continues from correctional officers subjecting the women to rape, sexual assault or groping.
Giving birth and the initial bonding between mother and child is a sacred bond that should not be violated. The prison system should see these women as human beings, not monsters.
Bob Bajek is a junior journalism major. He can be reached at 581-7942 or at DENopinions@gmail.com.
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