After noticing that Jennifer’s baby was not eating well and was small for his age, doctors tested him for drugs. When the test results proved positive, Jennifer admitted to police that she had regularly smoked crack cocaine during her pregnancy. Jennifer was charged with delivery of a controlled substance to a minor by delivering the crack to her baby via the umbilical cord. Has Jennifer violated this statute? Carefully explain the process by which a court will analyze this statute.
Answer:
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An individual can be charged with the charge of delivery of a controlled substance if he/she actually transfers a controlled substance to another person or he/she attempts to transfer it. An individual carrying, attempting to deliver, or delivering a controlled substance can be charged with felony.
In the given case, Jennifer was charged with delivery of a controlled substance to minor as she used to regularly consume crack cocaine during her pregnancy which as delivered to the baby by umbilical cord. Although Jennifer’s act constitutes negligence and public health problem, however she cannot be criminally charged with felony for consuming crack cocaine during her pregnancy. Hence, it is concluded that Jennifer has not violated the statue.
Court will analyze the statue by analyzing the fact that whether Jennifer was knowingly delivering or attempting to deliver the controlled substance to her baby. In this case, since Jennifer would not be delivering the crack cocaine to her baby, she cannot be held for violating the statue.
After noticing that Jennifer’s baby was not eating well and was small for his age, doctors...