Arizona inducing the labor of pregnant prisoners against their will
azcentral.com
azcentral.com
Since this is so highly voted, maybe also note that the key is "before term", which is not the case as far as I can tell in the article.
Not that I don't find the practice repugnant, but let's not steer off into outright FUD when blasting our moral outrage.
"Normal" induction (i.e. absent specific reasoning) is at 39 weeks or beyond.
So some outrage is, in fact, justified.
I'm not saying you're wrong. I'm saying there's not enough information to be sure.
Also vile, that the women were then billed for the cost of their inductions, despite them being in custody. Arizona seems to want it both ways (which is unsurprising, given that they have a pretty horrific history in such things - until last year, prisoners in active delivery were still required to be handcuffed to beds and still kept in shackles, through birth itself) - you're a ward of the state (which generally _doesn't_ remove medical autonomy), so we'll make your medical decisions, and then we'll bill you for our choices.
My one passenger exemplifies the futility of Arizona's system of criminal justice (link in this comment: https://news.ycombinator.com/item?id=34157865 ). He only had the one charge (drug paraphernalia - it was supposedly someone else's pipe) from... 2013 or so. He just can't get off probation because he bails himself out and can't show up for his next court date. I think he's terrified of being killed by the jail. His diabetes is uncontrolled, and the jail implements a starvation diet (which is why I asked /u/ddtaylor if the food was adequate in his AMA: https://news.ycombinator.com/item?id=34158365 ). His blood sugar is dropped by the forced time-release insulin injections, but the jail routine doesn't allow for him to check his blood sugar level or provide adequate amounts of edible food.
Three of my female passengers were definitely harmed by 'justice'. One got sent to prison for 5 years for having shared a single opioid pill with a friend (circa 2009), another had substance abuse problems that she couldn't shake.
This AZCentral article talks about Arizona's minimum-security prison in Perryville. My passenger who got 'moody' at menopause was sent there for her 3rd DUI. She tried to stay sober after being released, but then life happened and she hadn't learned how to cope. She's doing fine now, no thanks to her time getting 'corrected'.
I have all my notes - ought to write a book.
This article says the babies are separated from their mothers after 72 hours, as provided for by Arizona's version of a 'Dignity for Incarcerated Women Act'. But ... 72 hours is not enough to get a child off to a good start in life. Now that we have GPS trackers, there's no reason to not create a more compassionate system of supervision for mothers in the system. If not for them, for their children.
Congressman Thomas Massie (MIT Alumni) said he'd read all the quote-tweets of his query: "If you were in Congress, what would your priorities be for 2023?". I put a little effort into a thread about the predicaments of abundance and how Arizona's biggest job project is its criminal justice system: https://twitter.com/TaxiCabJesus/status/1609412832227110914
(minor edits - punctuation, mostly)
I think we need to stop the office of Sheriff being voted-in public office. It makes beholden politicians and schemers Sheriffs and they have way too much power to be just some random person with no insight or knowledge about laws or protecting the peace, or how to deal with incarcerations.
All law enforcement have the same dilemma: they're given a job with only a few tools. I had to call 911 a few times over my 3.5 years in my taxi. They were as helpful as they could be, but the machine does not always serve humanity's best interests.
If you add an email to your profile I'll send you updates - https://relay.firefox.com/ or some other forwarder would work.
thx again. :)
> "They induce us all now so that we don't go into labor in prison."
I'd be curious what the power structure looks like between the prison medical staff and these women's primary care providers/obstetricians. At some point, a small number of women will need advice from a doctor that if they haven't begun labor naturally, they should get it induced. But definitely not universally 39 weeks, and definitely not to someone who primarily answers to the prison rather than to the patient.
Inducing every pregnant woman for scheduling convenience is a terrible human rights violation if you place anything close to a reasonable value on the health of the mother and the baby compared to the convenience of prison guards. The baby will be ready when the baby's ready, an inability to schedule that to something tighter than a 3-4 week window is just a fact of biology that the state needs to accept.
You did write "To save others a click, ...".
I'd be shocked if prisoners in the US are allowed access to doctors outside of the prison medical staff (or whoever they're outsourcing care to).
In my experience, prisons usually have a contract with one hospital or system in the state to care for issues too complex for prison healthcare.
"Labor induction is a medical procedure that stimulates childbirth and delivery. It can be done with pharmaceutical or non-pharmaceutical methods and is estimated to be used in about 25% of pregnant women in Western countries. Medical reasons for inducing labor include postterm pregnancy, intrauterine fetal growth restriction, health risks to the mother, premature rupture of the membranes, premature termination of the pregnancy, fetal death in utero, twin pregnancy after 38 weeks, and certain health conditions in the mother. Methods of inducing labor include medication, mechanical or physical approaches such as artificial rupture of membranes or membrane sweeping, and intrauterine catheters. Medications used for induction include prostaglandins, synthetic oxytocin, and mifepristone. Non-pharmaceutical methods include acupuncture, herbal remedies, and sexual intercourse. Inducing labor at or after term is generally believed to improve outcomes for newborns and reduce the number of cesarean sections."
(I did not proof read any of this, take with a grain of salt)
Didn't give me an answer.
That people can justify this in the name of some sick version of bureaucratic efficiency... Who are the people that go along with implementing this?
Induction is mostly boring (you spend a long time hooked up to an IV).
If you are a prisoner and want to die of eg cancer instead of seeking treatment that is not an option generally up to you. The state will treat you, whether or not you want it.
If the prison can argue that the induction leads to meaningfully better health outcomes (and induction frequently does!) then that is the end of the matter.
Your freedom to make subpar decisions or have deeply personal choices (eg a water birth or use a birthing center) is curtailed when you are in prison.
The prisons aren't caring for them to the best of their ability — that's the whole problem.
See also:
> It is important to mention that inducing birth before term increases the incidence of respiratory problems in the baby (beyond the abhorrent ethical issues).
1. Births attended by medical staff are much safer
2. The movement of dangerous prisoners is complex and time consuming and is significantly more dangerous during a health crises (imminent birth)
3. Moving prisoners ahead of natural birth to a medical facility and inducing at fullterm leads to more attended births
Inductions at term are extremely safe and routine. There are times preterm inductions are done but that isn't what is happening here.
You're moving the goal posts, now. The *vast* majority of prisoners are not dangerous.
Further, the article referenced specifically mentions people being induced prior to the safe time to induce labor.
Further, further, in the context of the existing prison system and human rights violations inside prisons (and *all* humans have human rights. This isn't "freedom of speech", these are even more base than that), this is yet another monstrous example of harming people in the State's care in prisons.
Those are all term and all very safe.
Most prisoners are dangerous. The idea that you got busted for an 1oz of weed and went to prison isn't aligned to reality. If you are in prison (not jail) then you went through the full sentancing dance and weren't eligible for a supervised release or a program. That usually means you either keep committing crime or did serious crime. You didn't steal a bicycle.
Conflating natural delivery (where the body has decided, for whatever reason, that it is now time to deliver the child) with induction is not an appropriate comparison.
> 37 is the earliest you want to go if you can choose).
I would be willing to wager money that you are not going to find ANY obstetrician in the US who will induce at 37 weeks for no other reason than familial "choice" ("elective induction"). In fact ACOG specifically says that it should not happen without medical basis.
> The idea that you got busted for an 1oz of weed and went to prison isn't aligned to reality.
Perhaps you should read more about prison in Arizona, and of law enforcement officials like Sheriff Arpaio.
Here: https://hernandez-hamilton.com/the-arizona-criminal-justice-...
Some quotes from that and the ACLU:
> It is grotesquely expensive, unduly punitive, discriminatory against minorities (especially against Latinos) and does little to actually keep our communities safe or cut down on recidivism.
> About 1 out of every 40 Latino men in Arizona are currently in prison. Even more are currently in the various other phases of the criminal justice system (pretrial release, jail, probation, parole, warrant status etc.). Arizona prison population is more than 40 percent Latino, but Latino’s only make up about 27 percent of our overall population.
> Our legislature is to blame for these insane prison statistics because it allows itself to be influenced by Arizona prosecutors to scuttle any prison reform initiatives. Prosecutors have a powerful lobby called Arizona Prosecuting Attorney’s Advisory Council (“APAAC”) which it uses to influence the legislative process to its own benefit. In the last few years alone, Arizona’s prosecutors have opposed bail reform, sentencing reform, and lighter drug sentences while supporting stiffer penalties for a number of offenses.
You may recognize APAAC - it's one of the sources you quoted with reference to "prison is full of dangerous and violent offenders". When I first read it it sounded like a District Attorney's campaign speech, and no wonder - it's their lobbying organization, that has opposed each and every reform bill in AZ in the last 24 years.
> You didn't steal a bicycle.
Or of an Arizona man convicted of several thefts in the space of three months from yards, sheds, all agreed by the state to be non-violent offenses, and only a couple involved entering any structure at all... his sentence? Two hundred and ninety two years. What did he steal that earned this sentence? A drill, flashlight, telescope, credit card.
Arizona also repeatedly sentences people sentences, up to life, with parole. Including plea bargains. And then it abolished the concept of parole. For nearly 300 people, this means now the state has "changed the terms of the deal or sentencing after the fact". (https://www.azcentral.com/story/news/local/arizona-investiga...)
Your attitude of "most of these people are dangerous criminals" is also not entirely aligned with reality.
Wow, what a divergence from reality.
The vast majority of prisoners are dangerous. This myth that the US incarcerates prisoners not because we have a huge criminal class, but because we just like locking people up, is one of the most inane talking points on the left, one easily disproven with a few seconds of googling, and yet people keep repeating it.
So here is the few seconds of googling:
https://aci.az.gov/sites/default/files/media/PrisonersinAriz...
Percentage of criminals in AZ that have committed violent felonies or are repeat felony offenders: 94.2%
of these, the number who are considered "violent offenders": 65.4%
One of the many mistakes made by people is looking only at Federal statistics (About 10% of all inmates are held by the Federal government, the rest are held by state governments). In general, many people have a very difficult time grasping federalism, and don't understand that the Federal legal code focuses on interstate offenses and other offenses that states can't handle. E.g. not things like violence or robbery, but say, embezzlement, trafficking across state lines, securities fraud, etc. The FBI/Justice Department do not get involved in most violent crime.
The next part of the deception is to look only at Federal prison statistics and say "hey, there's not a lot murderers here -- we are mostly locking people up for trafficking things across state lines!" -- and just hope that your listener is too unaware to say "wait a minute -- are you giving me federal prison statistics in a debate about crime? What is wrong with you?!"
I would also note the delicious irony that the same people who complain about "white collar crime" (e.g. property crime) being given a less stringent sentence than "blue collar crime" (e.g. violence) are the most vocal ones insisting that we shouldn't be incarcerating non-violent offenders.
You have to decide whether robbery/fraud is something that deserves a prison sentence and then be consistent -- not calling for prison for some CEO when you are in corporate-hating mode, and then demanding release of non-violent offenders when you are weeping after watching Les Miserables.
You can be a repeat felony offender with only non-violent drug offenses to your name. Explain to us how multiple drug possession felonies makes you "dangerous" to society?
The US has a “huge criminal class” because of its criminalization, incarceration, and disenfranchisement (not just voting, but more general engagement in society) practices, which grew up initially as a concious, direct replacement for chattel slavery.
The size of the criminal class is not the trigger for the policy, but its objective. Initially out of racial animus and desire for commercial exploitation, including via the (now closed by federal statute despite the absence of a Constitutional prohibition, formally, though many would disagree that it is actually eliminated in practice given the nature of prison labor policies) penal servitude loophole in the 13th Amendment, but now the institutional interests of the politically powerful law enforcement—prison—industrial complex in protecting and expanding its own role is layered on top of those interests.
But even if violent offenders were the majority, violent offenders in general are, perhaps surprisingly, less likely to reoffend. This is because the best predictors of violence in the general population are age and secondarily gender. The overwhelming amount of violent crime is committed by male adolescents and young men. While we may be fascinated with macabre cases where serial killers and other extreme offenders were released, these are outliers. We should not base policy decisions on our emotional responses to crime but on measurable outcomes.
Who's morals? Yours? His? What makes your morals better than his? Why do you think your bar for "morally just" is the correct one?
Arguing morals is pointless - it's all subjective.
The best you can do is argue whether the rules are being adhered to or not.
Second best is to argue for addition or removal of rules.
You speak as though the law is not subjective, but legal rules are ultimately subjective just like moral rules. Was the holocaust legal? Most people when faced with the holocaust think "who cares what the law was, this is morally wrong". I'm sure there's some arguments out there that the holocaust was in fact illegal, and that's a fine academic argument about the law to have, but at the end of the day the people in power did what they did, and so I guess the legality of it all wasn't that important.
Arguing morals is very important.
And so back to my point, the more interesting question is "what is morally right and how do we want to structure our society in the future?" But if one side is arguing about morals and the other side is arguing about legalities, and they don't realize they're talking about different things, then it's hard to make progress.
> Second best is to argue for addition or removal of rules.
And to answer your comment, arguing morals is pointless because there is no evidence that your morals are, in fact, any better than what you are arguing against.
None.
Arguing without evidence is pointless. You're simply saying "My opinion is better!", but in a more sophisticated manner.
Basically, you're doing the highbrow equivalent of "My God Is The Real God Only".
Saying "women shouldn't be forced to have medical procedures performed against their consent" is not just arguing about whose opinion is better. You are missing the forest for the trees.
Who's arguing that? I already made my position on that point clear: I think it's repugnant.
This thread (if you read back upthread) is literally only about the following sentence:
> I personally would rather discuss what is morally justifiable, since that is a more important standard.
But, while we're here anyway, I may as well ask why is the argument "women shouldn't have medical procedures performed against their consent"?
Why isn't the argument "people shouldn't have medical procedures against their consent"? Surely the notion that everyone should be treated equally is a morally superior position, so why focus on the less-moral argument?
What would we base our arguments for adding or removing rules upon? Financial incentives? Upon what will we base our assumption that financial incentives are important? Logical arguments are great, but after going down a layer or two we find there are only moral arguments. They are not pointless.
The above was going to be my first response, but then I took a step back and tried to address your argument as a whole.
I'm guessing you haven't spent much time considering moral philosophy, but even simplified toy examples, like the Trolley Problem quickly move past purely logical arguments and are firmly in the subjective realm. We won't be able to have a philosophical discussion here, but if you want I'd recommend the book "How to Be Perfect" as a relatively fun read on the subject and a good introduction.
In practice we use a lot of things to attempt to convince a population to be for/against a law. We do it based on emotion (i.e. how much outrage/empathy/fear can be mustered on this particular crime), a sense of fairness sometimes.
But almost all the arguments using morals are poor ones - the against argument for female bodily autonomy is argued using morals, for example, and it didn't work.
Same-sex marriages weren't won by making moral arguments inasmuch the other side lost by making moral arguments.
When you see an argument based on morals, replace the word "morals" with "my god says so", because in practice that is all it is.
> if you want I'd recommend the book "How to Be Perfect" as a relatively fun read on the subject and a good introduction.
Thanks, I'll have a look for it. I'm afraid it seems that I haven't convinced you that arguing from morals is pointless, but I'm going to try one more time :-)
But, I respect your position, and it is not an uncommon one.
... so, parting thought ...
How can you continue an argument using your moral position as support, when the other party can dismiss your argument by saying that your moral position is inferior to his?
There are legitimate reasons to need to induce labor (certainly not in every case). It’s not performed for exclusively trivial reasons like circumcision for example.
The prison doesn't even _have_ an argument, they're denying the truth. So even by your unbelievably-low bar, they're failing.
To the best of its ability would mean not inducing at 37 weeks, which _increases_ problems.
Induction at 38 weeks or below is _not_ recommended due to poorer outcomes absent a compelling reason.
The solution here is to ensure appropriate medical care, not to say "we can't and won't provide that, so this is what we're going to do, and if you don't like it, maybe you shouldn't be a criminal, and if this has negative health implications for your child, well, then, maybe it shouldn't have had a criminal for a mother".
If the latter, I think you will find that it does not really need to be said. Most people around here are likely familiar with the abuses of the carceral state.
Presumably because it's being done without their consent.
> But all three women said they were told by prison medical providers they were being induced because it was a policy of the Arizona Department of Corrections for all pregnant incarcerated women, not due to their individual conditions. The women say they were given no explanation for the policy, but they believe it is being implemented to reduce liability for the prison system.
The state only has to show that the care is reasonably required for your meaningful health.
This isn't really comparable; it would be like the prison forcibly removing your teeth because you may get a serious tooth infection and they don't want to be liable for that.
Here, my county and the one adjacent have two Sheriffs who are twin brothers, and are vehemently anti mask, etc. (Actually, one has since lost his bid for re-election).
Their attitude to the jails under their control was to _refuse_ to allow inmates to mask, even in dorm holding cells, and to refuse to vaccinate any prisoner against COVID who was in custody.
Here's the OJP opinion for your reference. Specifically:
> ...court decisions show that prisoners often do not have the right to refuse treatment.
I'd suggest doing some actual research into the relevant case law, e.g. Washington v Harper, instead of just googling until you find something that can be misinterpreted to support your position. While prison administrators have wide leeway to force treatment they are still required to show that it's necessary, either for safety reasons or because the treatment was mandated as part of the sentence of the inmate.
- The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity", especially torture.
- "A severe punishment that is obviously inflicted in wholly arbitrary fashion."
- "A severe punishment that is clearly and totally rejected throughout society."
- "A severe punishment that is patently unnecessary."
In a real way, cruel but banal is permitted under this test. For instance solitary confinement and slavery, the latter of which is expressly permitted for prisoners under the 13th amendment.
This is of course why the US penal system needs wholesale reform.
[1] https://en.wikipedia.org/wiki/Cruel_and_unusual_punishment
I don't think we can truly reform the justice system until we deal with the culture that brought us to this point. It's the cruelty of the voters that holds us back from large scale changes, and the cruelty of the employees working within the prison system that enable it at a local level.
I still think it's pretty awful, but it may be an attempt to be less awful given the awful state of prison medical care, which is generally non-existent.
See, e.g. that guy who lost his dick to preventable cancer due to not being able to see anybody about it in time:
https://www.dailymail.co.uk/news/article-6360081/Ex-inmate-f...
I don't think castrating everyone going to prison is the right plan there either, but it would seem to be the natural analog.
The right thing to do would be to invest in healthcare for prisoners, who, I think it's important to remember, are still humans.
I don't know whether that was true, but then again, I don't know whether anything said in this story is true or not.
there should never be a time when someone we've locked in a cage is in need of medical care when "nobody is around". Prisons should be staffed at all times and prisoners should have ready access to adequate healthcare whenever the need arises. That may mean prisons in remote locations need more onsite medical staff, but nobody should have to go without access to medical care.
When the state takes away someone's freedom and locks them up, the state assumes responsibility for their care and their needs and it's long past time we started insisting they do their job.
Specialist medical care is really not that easy to do outside relatively urban areas, and people don't generally like living near prisons.
I'm not sure what the solution really is, short of a small locked ward that's attached to a real hospital where they can spend every day after 38 weeks. But that gets expensive fast.
Yeah, I'd guess if they're too far from a hospital to be safe it'd be best to keep them at a hospital until the baby is born. They might not need an entire ward for that though. Just handcuffing them to a bed and posting a guard outside their room should be fine for most inmates. Even that won't be cheap, but it shouldn't be too often someone pregnant ends up behind bars.
The system does a good job of conditioning members of the system to dehumanize people not in the system. "Us vs Them"... They are "animals" etc.
It is a long tested practice to get enforcers to do the unethical and immoral bidding of the system
This is all political theater and it does nothing for actual life. Not to mention that 9 of the 10 worst states for maternal and fetal morbidity are red states enacting policies like this.
In states where personhood is established at birth, you can still be found guilty of murder if your actions result in the death of a unborn person outside the limited exemption of medical abortion.
"Adding insult to injury, two of the women said they were receiving medical bills for the services provided during their labor"
It is horribly lacking, and that should be fixed, but trying to make sure her baby is delivered safely isn't really reducible to "reducing costs."
In both cases, part of the solution is to pay more / have better employees (that you get, in part, by paying more). That's why I argue it's "reducing costs". It's a banal and boring explanation; but, most evil is.
https://www.90daykorean.com/korean-age-all-about-age-in-kore...
In fact, the 13th amendment (abolishing slavery) specifically carves out an exception for criminals.
They can be, and often are, enslaved. But there arestill constitutional rights that apply