Shackling Birthing Inmates Doesn’t Violate Eighth Amendment, Eighth Circuit Says
Aug 6th, 2008 by admin
Amendment VIII to the Constitution of the United States
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
A while back I blogged about the practice of shackling birthing women who are prison inmates, as the woman above has been shackled, here. I wrote:
The photo at the top of this article is of a woman prison inmate who was shackled throughout her labor and delivery, though she begged to have her legs unshackled. According to this New York Times article, this is a common practice and only two states forbid it. I think it’s a metaphor for what this nation is doing to women and girls just in general: we are being silenced, shackled, forced to bear and care for babies no matter what our choices might be in the matter, forced to bow to, and submit to, the woman-hating gods of the male imagination.
Well, according to Feminist Law Professors, in a case out of Arkansas called Nelson v. Correctional Medical Services, the Eighth Circuit has concluded that the shackling of a pregnant inmate laboring to deliver a baby did not constitute an Eighth Amendment violation. Because, you know, birthing women are so likely to break and run, newborn baby, umbilical cord, and placenta in hand, we’d best make sure we chain them up from the time their labor pains begin. And even if they can’t run, who cares, they’re just women, and worse than that, they’re in prison. They deserve to be in chains.
Dear god, this nation is such a mess.
Heart
I would go one step further and say that wymmyn should never go to prison. Ever. There is no womyn who ever committed a crime that a man did not force her to. Look at your previous entry: Mary Winkler is a killer, no one denies that. That much is forgivable. What is unforgivable is that a man forced her to become one.
You report a on a lot of injustices to women, both in the USoA and elswhere. Eventhough the constant stream of misogyny has made me somwhat numb this post elicits a violent reaction. The thought of beeing chained while birthing nearly made me vomit.
Otherwise I am free of insightful comments. Really I can not imagine what sick mind would come up with such punishment. Certainly this person cannot be considred pro-life.
The other thing with respect to women in prison is, so many are in prison for what amounts to health issues, i.e., substance abuse and surrounding issues), for having been prostituted (sometimes they are then designated “sexual offenders” (!)), or for defending themselves against violent men. To chain them during birthing is a hideous abuse, they are no danger to anyone.
(underscoring your point IMO) Shawanna Nelson was serving a sentence for entirely nonviolent crimes, quite possibly need-driven crimes specifically related to the urgency of poverty + pregnancy (though I don’t know any of that): credit card “fraud” (and who knows exactly what is meant by THAT) and writing “hot checks.”
HOT CHECKS! Fer cryin’ out loud.
Just un-fucking-believable. No doubt some male doctor thought this up and probably gets off on thinking about it later when he’s whacking off.
Fucking hell. That is so sick/barbaric/fucked up/cruel/hideous, sick, sick, sick. :(
Can violence against women be anymore blatant than this?
Yeah, funnie– actually, it was “identity fraud” and hot checks. Who knows that might mean. Maybe she used an abusive ex’s credit card or checks without his permission for all the frap we know, and he was all over that. Yeah, put her in jail right quick, chain her up!
You got it Allecto. Also, this is so exhibit A of patriarchy’s reverence and honor towards mothers, is it not.