Prison Sentencing for Mothers of Breastfed Babies
March 5, 2008 by Angela White, J.D., breastfeeding counselor
Filed under breastfeeding
Olympic sprinter Marion Jones is due to report to federal prison by March 11. Many of you shared your opinions about her prison sentence and the impact on her breastfed infant. Breastfeeding may be taken into account as a factor in federal sentencing proceedings, and I was disappointed that it seemed not to weigh into the judge’s decision in that case.
A news story out of Australia made me think more about taking breastfeeding into account in prison sentencing. A woman stabbed her mother three times during an argument and was originally sentenced to two-and-a-half years in jail to be suspended after three months. The Courier Mail reports:
However, the court was re-convened when it was discovered Chong was breast feeding her seventh child who could not go with Chong on the government jet to Brisbane and the Women’s Prison.
The baby was barred from travelling on a government plane.
The judge found Chong had been sentenced without all of the required facts and resentenced Chong to 2 1/2 years jail with immediate parole.
The prosecution appealed that ruling but the Court of Appeal unanimously rejected the appeal, saying that the hardship the children would have gone through if she were jailed would have been exceptional.
How do you all feel about this case? Does it make a difference that this was a violent crime (unlike like Jones’)?
Wow, my legal training tells me one thing, but my pregnant, pro-breastfeeding mind muddies the waters a bit. I think it does make a difference that the Australian case involved a violent crime. I truly believe that accommodations should be made in both cases, but I have known women who have successfully pumped and bottle-fed their infants for quite a while, giving the infant the benefit of breast milk without the physical act of nursing. This arguably disadvantages the child as well, but I am not sure that disadvantage is outweighed by the necessity of some sort of repercussion for allowing a bout of rage to result in someone being stabbed three times.
It’s a tough one isn’t it? And pretty amazing that the judge ruled one sentence, then found out about the seven children including the breastfed baby, and changed the sentence. I guess the questions in my mind are whether the woman had a history of physical altercations and was likely (or not) to commit another crime. In the end I think it’s good that the judge has leeway to take into account the needs of the family as some small part of the sentencing.
I think the fact that this was a violent crime enters into my thinking. In the Jones case, I think the judge could have started her sentence after her baby was older. In this case though, I’m torn…if the parole is a house arrest type, I would be more okay with it. Stabbing your mother is a horrible act that need adequate punishment.
I agree with the pumping and bottle-feeding option but have to wonder if a woman who has stabbed someone to death should be in charge of children, regardless of their ages. I believe that kids need their parents, of course, but not at the expense of all other considerations. We definitely need context to determine if she should have the kids at all, let alone whether she should have had her sentence changed.
Fortunately the woman’s mother did not die from her injuries. I agree that the considerations for a murderer would be entirely different!
Legal issues always seem so black and white. There must be more solutions to both cases. House arrest seems appropriate, I liked that suggestion, especially for Jones’ case. In a broader understanding of BF issues here in CA the pregnant women in prison get less than 2 days with their babies before returning to prison, no chance to BF at all!