Long-Term Contraceptives in the Criminal Justice System
Hastings Center Report. 1995 Jan-Feb; 25(1): S15-S18.
...Contraceptive Sentencing: A Proposal -- One way to reconcile the competing concerns about potential abuses and possible benefits of contraceptive sentencing would be to adopt the following principle: whenever long-acting contraceptives are proposed as a probation condition, judges must also present to the defendant at least one nonincarcerative alternative sentence. If the defendant was convicted of an offense that would not ordinarily call for a prison term, then she should be given two alternatives: one including contraceptives as a probation condition and one including a set of noncontraceptive probation conditions customarily applied to defendants in her situation. If individuals convicted of the offense are elibigle for a prison term, and the judge believes that probation with contraceptive use would be an appropriate alternative, the judge would be obligated to make three proposals: probation with contraceptive use, an alternative set of probation conditions, and the prison term the defendant would normally have to serve. Adherence to this principle would remove some of the pressure a defendant might feel to compromise her medical or reproductive preferences for the sake of avoiding confinement in a correctional institution....
Alternatives; Behavior Control; Child Abuse; Coercion; Contraception; Counseling; Criminal Law; Discrimination; Education; Evaluation; Females; Goals; Health; Health Services; Indigents; Justice; Law; Minority Groups; Moral Policy; Policy Analysis; Punishment; Rehabilitation; Reproduction; Rights; Social Discrimination; Women's Health; Women's Health Services; Women's Rights;
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