Fact check: Have women been jailed for having miscarriages

1. Summary of the results

The evidence clearly shows that women have been jailed for pregnancy-related issues, including miscarriages, particularly in cases involving substance use. Between 1973-2020, there were 1,600 documented cases of pregnancy-related prosecutions, with approximately 1,200 occurring in the last 15 years ^[1]. Since the Dobbs decision overturning Roe v. Wade, at least 210 women were charged in just one year ^{[2] [3]}. Specific cases include:

• Brittney Poolaw, a 21-year-old Native American woman from Oklahoma, who was convicted of manslaughter after a miscarriage ^[1]
• Selena Maria Chandler-Scott, who was arrested and charged, though her charges were later dropped ^[2]

2. Missing context/alternative viewpoints

Several crucial contextual elements need to be considered:

• Approximately 20% of all pregnancies end in loss naturally ^[4]
• Most prosecutions (133 out of 210 recent cases) involved allegations of substance use during pregnancy ^[3]
• States like Alabama, South Carolina, and Oklahoma have been particularly aggressive in pursuing these cases ^[5]
• Legal experts warn about the dangers of involving law enforcement in reproductive experiences ^[6]
• Women have been criminally investigated not just for the miscarriage itself, but for related actions such as:
• Failing to seek immediate medical treatment
• Improper disposal of fetal remains ^[4]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal and social issue. Several groups have vested interests in how this information is presented:

*Law Enforcement and Prosecutors:

• Prosecutors have the ability to use broad legal statutes to charge women after miscarriages ^[6]
• Some jurisdictions have shown a clear pattern of pursuing these cases, with sentences ranging from probation to 20 years in prison ^[5]

Legal Advocacy Groups*:

• Organizations like NAPW (National Advocates for Pregnant Women) track these cases and advocate against criminalization ^[1]
• Legal experts argue against the involvement of law enforcement in reproductive healthcare ^[6]

The question requires nuance, as most cases involve additional factors beyond simple miscarriage, particularly substance use, though this doesn't diminish the concerning trend of increasing criminalization of pregnancy outcomes.