Hastings Law Journal


Paul A. Logli


In this Essay Mr. Logli discusses the prosecutor's role in solving the problem of perinatal substance abuse. He notes at the outset that prosecutors cannot avoid involvement in this issue because of both the political pressure to respond and their legal duty to prevent child abuse. Given the mixed results of prosecutions to date, new legislation is required to increase prosecutors' ability to protect children at risk from parental substance abuse. However, coercive state action can play a productive role in addressing this problem only if pursued in conjunction with more supportive government policies. Therefore, Mr. Logli advocates a multidisciplinary approach that protects children from substance abuse and establishes necessary treatment programs for women, especially those who are pregnant and addicted.

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