American prisons are fast becoming the world’s worst nursing homes

 German Lopez writing in The New York Times:

American prisons are fast becoming the world’s worst nursing homes, increasingly filled with aging criminals who can barely walk, let alone commit another crime. The idea that we should lock up people for life, even through old age, is often framed as being tough on crime. In reality, it gives years, if not decades, of shelter, food and health care to convicted criminals and redirects money from programs we know do a better job of protecting the public.

Older people are much less likely to commit crime than the young. They are also much more expensive to lock up. Federal prisons with the largest share of older prisoners spend five times as much per person on medical care and 14 times as much on medications as other facilities, according to the Sentencing Project, a nonprofit advocacy group.

States and counties, which oversee a vast majority of people in prison, cannot run deficits for long or print money, as the federal government can. Every buck that pays for one thing means a dollar less for another. Funds spent on locking up an old inmate could have helped pay for more police officers or other anti-crime initiatives or schools or roads or any of the myriad other demands on local governments.

I have reported on criminal justice issues for more than a decade. If I have learned anything, it’s that crime policy is all about trade-offs, more so than in most other areas. Releasing more old people from prison, however, is close to a free lunch. Not only could it save money, but if the savings are wisely reinvested, it also could improve public safety.

America is heading in the opposite direction. Over the past three decades, the share of prisoners who are 55 or older has multiplied fivefold. Two trends have accelerated the phenomenon: First, young people are committing far less crime, so they are less likely to fill up prisons. Second, tough-on-crime trends led to more life sentences and other long prison penalties, and time is now taking its toll.

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The age-crime curve is the least-appreciated fact of criminal justice. If you chart a man’s likelihood to commit crime over his life, the line will hover near zero until he reaches his teens. Then his chance of committing a crime spikes, almost vertically, over the next decade. Nothing is more dangerous, in terms of crime, than a young man in his late teens or early 20s. But starting around his mid-20s, the line starts to drop. This continues for the rest of a typical man’s life. By the time he’s in his 50s, he is less likely to commit crime than he was as a young teenager.

Those trends are true for the general public. Do they apply to convicted criminals? Yes. One federal study tracked prison inmates after their release in 34 states. Nearly 57 percent of ex-inmates 24 or younger ended up back in prison within five years. Fewer than 15 percent of those 65 or older did. In other words, a vast majority of older inmates don’t reoffend.

On some level, we all recognize this. We know the brain doesn’t finish developing until a person’s mid-20s. Physicality matters, too. As a teenager, I could fall out of a tree, get back up and sprint after my friends without feeling a thing. Now, in my mid-30s, I feel my back hurting for days if I make a wrong turn picking up my cat. Crime follows the same facts of life. The kind of poor judgment that leads someone to commit more crime is more common among the young, and so is the physical ability to make good on that poor judgment.

Outliers do exist. But a vast majority of killers are not serial killers, and a vast majority of criminals are not lifelong offenders. Many criminals, maybe even most, committed a crime under the particular circumstances of their age and the moment. Keeping criminals locked up when they’re young absolutely can stop crime. Older inmates, however, pose little threat to the rest of us.

Supporters of the status quo raise two counterarguments: First, people who commit heinous crimes deserve to remain in prison, no matter their age, to demonstrate society’s moral condemnation. Second, long prison sentences, including those that last through old age and death, are good because they deter others from committing crimes.

The first counterargument is about values. I would argue that criminal justice policies should prioritize protecting the public over retribution. We don’t need to turn prisons into nursing homes to show our disapproval of a crime; decades-long prison sentences do a good enough job. But reasonable people can disagree.

The second counterargument, however, is simply wrong. A thorough review of the research found that longer prison sentences’ deterrence effect is “mild or zero.” As part of his analysis, the researcher, David Roodman, tried to replicate prominent studies that claimed evidence of long sentences deterring criminals. He found they contained serious problems that skewed their conclusions. All told, threatening to lock up people until their late 50s, 60s and beyond does little for public safety.

Lawmakers should address this problem with available policies: Governors should issue pardons for older inmates. Parole boards should put more weight on age. Officials should more aggressively use compassionate release laws that on a limited basis let out inmates who are ill. But lawmakers should go further. They should enact laws that require courts to revisit sentences after, say, 20 years. They should grant inmates the presumption of parole in more cases, meaning a parole board would keep a person locked up only with good reason. Broader reform should reduce the use of longer sentences in general.

Some caution is warranted. People deemed dangerous — the criminal justice system has ways of gauging that risk — should not be let out. Policies might exclude certain kinds of crimes.

With the savings from releases, lawmakers could pay for more effective approaches to public safety. Experts often say the United States is overincarcerated and underpoliced, particularly for violent crime. Police departments across the country have reported serious staffing shortages for years, and we know that having fewer officers around leads to more crime. These shortages are one reason nearly half of America’s murderers now get away with it.

You don’t have to mourn an older killer’s lifelong suffering in prison to think reform is a good idea. You can just think, as I do, that the criminal justice system should protect Americans as efficiently and effectively as possible. Paying for the housing, food and health care of someone unlikely to commit a crime should not make the cut.

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DC grand juries resist Trump 'crackdown' on crime

In the three weeks since President Trump flooded the streets of Washington with hundreds of troops and federal agents, there have been only a few scattered protests and scarcely a word from Congress, which has quietly gone along with the deployment, reported The New York Times.

But one show of resistance has come from an extraordinary source: federal grand jurors.

In what could be read as a citizens’ revolt, ordinary people serving on grand juries have repeatedly refused in recent days to indict their fellow residents who became entangled in either the president’s immigration crackdown or his more recent show of force. It has happened in at least seven cases — including three times for the same defendant.

Given the secretive nature of grand juries, it is all but impossible to know precisely why this has been happening, but the persistent rejections suggest that grand jurors may have had enough of prosecutors seeking harsh charges in a highly politicized environment.

Courthouse wits have long quoted Judge Sol Wachtler, the former New York jurist who said that prosecutors are in such complete control of grand juries that they could get them to indict a ham sandwich. But that old saw did not hold true in the rebellion in Federal District Court in Washington, where grand jurors seem to have taken a stand in defense of their community.

“First of all, it is exceedingly rare for any grand jury to reject a proposed indictment because ordinarily prosecutors use discretion in only bringing cases that are strong and advance the interests of justice,” said Barbara L. McQuade, a former U.S. attorney in Detroit who teaches at the University of Michigan Law School. “I have seen this maybe once or twice in my career of 20 years, but this is something different.”

“My guess,” Ms. McQuade went on, “is that these grand jurors are seeing prosecutorial overreach and they don’t want to be part of it.”

While crime has fallen in Washington since National Guard troops and federal agents started to police the streets in large numbers in mid-August, the deployment has chafed many local residents, who have found their presence to be a source of anxiety, not security. And because of the deployment, a flurry of defendants have been charged with federal felonies in cases that would typically have been handled at the local court level, if they were brought at all.

Many of these cases have recently been downgraded or dismissed altogether after failing in grand juries, a tacit acknowledgment by the U.S. attorney’s office in Washington that they were overcharged to begin with. The most prominent example is the case of Sean C. Dunn, a former Justice Department paralegal who was charged with felony assault after he threw a sub-style salami sandwich at a federal agent on patrol near the corner of 14th and U Streets. His charges were knocked down to a misdemeanor last week after prosecutors were unable to indict him. 

While Mr. Dunn’s case has become a cause célèbre, inspiring Banksy-style images of figures hurling hoagies on walls across the city, other cases have also crashed and burned, without as much publicity.

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FBI: Violent crime fell 4.5% in 2024--Homicide alone down 15%

Violent crime in the United States fell 4.5% in 2024, according to a new FBI report, while property crime dropped 8.1% from the previous year, reported Pennsylvania Capital-Star.

The declines continue a trend seen since crime surged during the COVID-19 pandemic, when homicides jumped nearly 30% in 2020 — one of the largest one-year increases since the FBI began keeping records in 1930. By 2022, violent crime had fallen close to pre-pandemic levels.

Homicides, which the FBI classifies as murder and nonnegligent manslaughter, dropped nearly 15% in 2024. Reports of other violent offenses also decreased, including rape by 5.2%, robbery by 8.9% and aggravated assault by 3%.

Property crime also fell across all major categories, with motor vehicle theft down 18.6%, burglary down 8.6% and larceny-theft down 5.5%. Reported hate crimes decreased 1.5% from the previous year.

The 2024 report draws on submissions from 16,675 law enforcement agencies — 2.1% more than last year — representing more than 95% of the U.S. population. Every city agency serving a population of 1 million or more people provided a full year of data. Participation in the FBI’s crime data collection is voluntary, and the data is based on crimes reported to police.

About 75% of participating agencies submitted information through the FBI’s new, more detailed National Incident-Based Reporting System, or NIBRS, which covered 87% of the population.

The data release marks a shift from recent years when participation lagged following the FBI’s 2021 transition to the new system, which required many law enforcement agencies to invest in training and technology upgrades. In 2021, national reporting rates fell below 70% for the first time in two decades, forcing the FBI to estimate results for many jurisdictions.

The FBI’s crime trends report also includes new law enforcement safety data. Sixty-four officers were feloniously killed in the line of duty in 2024, 43 officers were accidentally killed and 85,730 officers were assaulted.

Although the FBI’s 2024 report is a year behind, it aligns with other crime trend reports. The Council on Criminal Justice, a nonpartisan think tank, recently found that homicides and other serious offenses, including gun assaults and carjackings, fell in the first half of 2025 across 42 major cities compared to the same period in 2024.

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CREATORS: The Tragic Abduction and Murder of Etan Patz is Back in the News

Matthew T. Mangino
CREATORS
August 5, 2025

In 1979, a 6-year-old boy disappeared on his way to his Manhattan school bus stop. Etan Patz's disappearance changed the way people parent, launching the missing and exploited children's movement. Patz was never found.

Thirty-three years later, Pedro Hernandez was arrested and charged by the Manhattan district attorney's office with second-degree murder and first-degree kidnapping.

According to The New York Times, "Hernandez was living in New Jersey when a relative told authorities that he suspected him of killing Etan. Prosecutors said that Mr. Hernandez had a history of sexually abusing a family member, drug use and domestic violence."

This arrest was high-profile. As one of the nation's most infamous child abductions, with an arrest decades after the crime, one would think the police would want to make sure everything was done by the book. Not in New York City.

The police elicited a confession from Hernandez after seven hours of questioning. That isn't particularly unusual, but the confession came before he was administered his Miranda warnings. After he confessed, he was mirandized by the police who had Hernandez repeat his confession on tape, according to court filings.

The New York Times reported, Hernandez's first trial in 2015 ended with a hung jury after 18 days of deliberation. The lone holdout said that his primary reason had been Hernandez's initial confession, which to the juror seemed "coerced."

In 2017, a second jury convicted Hernandez on the ninth day of deliberations. The jury foreman later remarked that "deliberations were difficult."

Last month, a federal court granted Hernandez a new trial.

A quarter-century after Patz disappeared, Americans were presented with a list of six crimes that could happen in their local communities. A CNN/USA Today/Gallup poll found that Americans expressed the greatest concern for their children being abducted and sexually molested.

Child abductions by strangers have consistently remained a concern for parents. Despite the more than 30,000 juveniles who are reported missing every year to the National Crime Information Center, it is rare for children to be abducted by strangers. Roughly 182 children were kidnapped by people outside their families in 2019, the latest year for which data is available, according to a study published in 2022 by the Department of Justice.

A 2023 Pew Research Center survey found nearly one-in-three U.S. parents with children younger than 18 say they are extremely or very worried about their children being abducted.

Etan's disappearance, the murders of Adam Walsh, Polly Klaas and JonBenet Ramsey ushered in, and fueled, an era of hyper-vigilance for parents. Parents' irrational fear of stranger danger changed the way parents care for their children, and the way children interact with adults and their peers for that matter. Politicians jumped on the stranger danger bandwagon. Starting with former President Ronald Reagan proclaiming the day Etan Patz disappeared, May 25, as National Missing Children's Day, politicians have enacted more and more draconian laws to deal with the sexual abuse and exploitation of children.

Hernandez's arrest and conviction for killing Etan should have provided some closure for a case that had extraordinary implications. His new trial will open wounds festering for 46 years. The upheaval could have been avoided.

Hernandez was arrested and tried in a cold case based on flimsy evidence devoid of any forensic evidence. Then investigators interviewed Hernandez without advising him of his rights. The police then read him his rights and interviewed him a second time, getting a second taped confession. This tactic flew in the face of a U.S. Supreme Court decision in 2004.

The Court, in a 5-4 decision, found the second confession inadmissible, particularly when the police strategy was to intentionally undermine the effectiveness of the Miranda warnings. That decision is the key to Hernandez's successful appeal and Etan Patz being back in the news.

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner's Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino

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Things can always be worse: Iranian authorities severed the fingers of three men convicted of theft

Iranian authorities severed the fingers of three men convicted of theft, said Human Rights Watch (HRW) as reported by Jurist-News. HRW Iran researcher Bahar Saba denounced the punishment, stating, “Amputation is torture, plain and simple. Yet Iran persists in carrying out cruel and inhuman punishments that fly in the face of its human rights obligations.”

Mehdi Shahivand, Mehdi Sharafian and Hadi Rostami were detained in August 2017 following accusations that they had burglarized several houses and robbed safes. The court sentenced all of the individuals to amputations of four fingers of their right hands, leaving only the palm and the thumb. In April of 2022, HRW stated that there was evidence that the trials were unjust:

Evidence strongly suggests that the trial was grossly unfair. According to case information review by Human Rights Watch and accounts of informed sources, the men did not have access to lawyers during the investigation phase and only saw a lawyer twice–once when they signed the retention documents and once during the court hearings. The men have also said that the authorities tortured and ill-treated them while in the custody of the police’s Investigation Unit (Agahi) in Urmia… beating and flogging them and suspending them from their hands and wrists.

The UN Office of the High Commissioner in June 2022 called on authorities to cancel the planned amputations of these three men, along with five others. The UN reported that, per Iranian civil society organizations, at least 237 people who were “mostly from poorer segments of society” were sentenced to amputations between January 2000 and September 2020, with sentences being carried out in at least 129 cases.

Hand amputation is grounded in Article 278 of the Islamic Penal Code, which permits this type of punishment for “Hudud crimes” such as theft, adultery, slander and drinking alcohol. Iran’s Human Rights Monitor detailed some of the history of amputation in Iran, emphasizing that despite “widespread international condemnation, Iranian authorities have continued to enforce this brutal punishment beyond 2020.” Critics maintain that this penalty is a stark violation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the International Covenant on Civil and Political Rights (ICCPR). While Iran has ratified the ICCPR, it has not signed or ratified the CAT. The ICCPR explicitly mandates that “[n]o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

Iran has recently been subjected to strict international scrutiny due to record executions and other purported violations of international law.

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Massachusetts judge dismisses more than 120 cases due to lack of public defenders

More than 120 cases, including some for assault on family members and police, were dismissed recently in Boston, the latest fallout from a monthslong dispute over pay that has led public defenders to stop taking new clients, reported The Associated Press.

At a mostly empty courtroom, Boston Municipal Court Chief Justice Tracy-Lee Lyons invoked the Lavallee protocol in dismissing case after case. It requires cases be dropped if a defendant hasn’t had an attorney for 45 days and released from custody if they haven’t had one for seven days. Tuesday was the first time it was invoked to drop cases, while suspects in custody have been released in recent weeks.

Most were for minor crimes like shoplifting, drug possession and motor vehicle violations.

But several involved cases of assault on police officers and domestic violence. One suspect allegedly punched his pregnant girlfriend in the stomach and slapped her in the face. Another case involved a woman who was allegedly assaulted by the father of her child, who threatened to kill her and tried to strangle her. A third case involved a suspect who allegedly hit a police officer and threated to shoot him.

The judge, repeatedly invoking the Lavallee protocol, dismissed almost all of the cases after being convinced public defenders had made a good-faith effort to find the defendants an attorney. No defendants were in court to hear their cases being dismissed.

“This case will be dismissed without prejudice,” Lyons said repeatedly, noting that all fines and fees would be waived.

Frustration from prosecutors over dropped cases

Prosecutors unsuccessfully objected to the dismissal of many of the cases, especially the most serious being dismissed.

“The case dismissals today, with many more expected in coming days and weeks, present a clear and continuing threat to public safety,” James Borghesani, a spokesperson for the Suffolk County district attorney’s office, said in a statement. They vowed to re-prosecute all the cases.

“Our prosecutors and victim witness advocates are working extremely hard to keep victims and other impacted persons updated on what’s happening with their cases,” he continued. “These are difficult conversations. We remain hopeful that a structural solution will be found to address the causal issues here and prevent any repeat.”

Democratic Gov. Maura Healey, speaking to reporters in Fall River, said the situation needed to be resolved.

“This is a public safety issue and also a due process issue as people need representation,” she said. “I know the parties are talking. They have got to find a way to work this out. We need lawyers in court ... and certainly they need to be paid fairly.”

Dispute revolves around pay

Public defenders, who argue they are the lowest paid in New England, launched a work stoppage at the end of May in hopes of pressuring the legislature to increase their hourly pay. The state agency representing public defenders had proposed a pay increase from $65 an hour to $73 an hour over the next two fiscal years for lawyers in district court, an increase from $85 an hour to $105 an hour for lawyers in Superior Court and $120 an hour to $150 an hour for lawyers handling murder cases.

But the 2026 fiscal year budget of $60.9 billion signed early this month by Healey didn’t include any increase.

“The dismissal of cases today under the Lavallee protocols is what needs to be done for those individuals charged with crimes but with no lawyer to vindicate their constitution rights,” said Shira Diner, a lecturer at the Boston University School of Law and the immediate past president of the Massachusetts Association of Criminal Defense Lawyers. “It is, however, not a solution to the deep crisis of inadequate pay for bar advocates. Until there are enough qualified lawyers in courts to fulfill the constitutional obligation of the right to counsel this crisis will only intensify.”

The pay of public defenders is a national issue

Massachusetts is the latest state struggling to adequately fund its public defender system.

In New York City, legal aid attorneys are demanding better pay and working conditions. Earlier this month, Wisconsin Gov. Tony Evers signed a two-year state budget into law that increases the pay of public defenders and district attorneys in each of the next two years. That comes after the Legislature in 2023 also increased the pay to address rising caseloads, high turnover and low salaries.

Public defenders in Minnesota averted a walkout in 2022 that threatened to bring the court system to a standstill. A year later, the legislature came up with more funding for the state Board of Public Defense so it could meet what the American Bar Association recommends for manageable caseload standards.

Oregon, meanwhile, has struggled for years with a critical shortage of court-provided attorneys for low-income defendants. As of Tuesday, nearly 3,500 defendants did not have a public defender, a dashboard from the Oregon Judicial Department showed. Of those, about 143 people were in custody, some for longer than seven days.

Amid the state’s public defense crisis, lawmakers last month approved over $2 million for defense attorneys to take more caseloads in the counties most affected by the shortage and over $3 million for Oregon law schools to train and supervise law students to take on misdemeanor cases.

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Crime rates fell considerably in the first six months of 2025

Crime almost certainly fell considerably in the United States in the first six months of 2025, reported Jeff-alytics. The decline in crime that began in 2023 and picked up steam in 2024 has accelerated even faster so far in 2025. Both violent and property crime likely fell with large drops in both murder and motor vehicle theft leading the way.

The national decline in murder stands out due to extraordinary drops in many cities. New Orleans recorded fewer murders through June 2025 than any year since 1970 even in spite of the January 1st terrorist attack. New York City has only recorded fewer murders once through June since 1960 (136 in 2017). Philadelphia recorded the fewest murders since 1969, Los Angeles since 1966, Baltimore since 1965, Detroit since 1964, and San Francisco had the fewest ever recorded (monthly data available to 1960).

As a reminder, murder rose at the fastest rate ever recorded in 2020 and it stayed at that consistently higher level in 2021 and 2022. Murder began dropping in 2023 and ended up falling at the fastest rate ever recorded that year. Then murder likely fell even faster in 2024 though we won’t have official FBI data on that for a few months. Now, just five years after the largest one-year increase ever, the US is on track to have the largest one-year drop in murder ever recorded for the third straight year in 2025.

The assessment of national crime trends can be made thanks to a variety of independent data sources which have historically closely aligned with FBI national estimates. These alternative sources are needed because the FBI has reported no data on national crime trends since reporting Q2 2024 data last year.

Relying on sampling is a workaround to the traditional slowness of FBI data, but there is always a risk in interpreting the results of 18,000 agencies from a sample of 400+ agencies. That said, the size of the crime declines articulated by independent sources and the historical accuracy of those sources suggests that large declines will hold up even if the unofficial sources are off by more than usual.

The most recent formal FBI data is 18 months old now while the CDC is just finishing up its provisional 2024 count. Fortunately, both the Gun Violence Archive (GVA) and Real-Time Crime Index (RTCI) tend to mimic the annual changes seen in the official sources. As such, these unofficial tallies can tell us what is happening without having to wait 9 or more months for the official word.

Both the GVA and RTCI point to massive declines in fatal shootings and murders occurring in 2025, the third straight year of large declines. The RTCI is now available through May 2025, and that reporting can be supplemented by sampling large cities with publicly available data to see that the trend continued through midyear.

The bottom line is that crime is falling in the United States led by the largest one-year percentage point decline in murder ever recorded. If that sentence sounds familiar it’s because it’s basically identical to what I wrote last year about our crime trends.

It is late enough in the year and the declines are large enough to feel confident that these trends will generally hold through the rest of the year. The exact degree of downward motion in the nation’s crime stats will still take some months to tease out, but a large decline is almost certainly inevitable at this point.

Real-Time Crime Index

The Real-Time Crime index was updated last week through May 2025. The new RTCI sample has data from 421 agencies representing more than 102 million people. This sample makes up around half of all the murders that occur in the US in a given year, so it’s a reliable bellwether of the nation’s murder trend. (As an aside, this is our biggest sample yet in terms of agencies and population covered).

The RTCI through May 2025 shows murder down 20 percent relative to the first 5 months of 2024, down 37 percent relative to the first 5 months of 2021 (at the height of the murder surge), and down 9 percent relative to the first 5 months of 2019 (pre-surge). Murder rolling over the last 12 months in this sample has fallen below 2019’s level

Violent crime is down roughly 11 percent in the RTCI while property crime is down 12 percent. There is undoubtedly some underreporting occurring as agencies still have 9 or so months to correct missing reports. But that issue does not impact the finding of large scale declines in every crime category even if the degree of the decline is likely slightly overstated by the collection methodology.

The decline is fairly uniform across cities/counties and population sizes. In 13 agencies covering 1 million people or more, murder is down 20.1 percent, violent crime is down 11 percent and property crime is down 12 percent. In 192 agencies covering under 100,000 people, murder is down 36 percent, violent crime is down 9 percent and property crime is down 14 percent.

Aside from murder, the motor vehicle theft decline stands out. Motor vehicle thefts surged in 2022 but have been plunging ever since. The decline in motor vehicle thefts started at the very end of 2023 and has been steady ever since. The surge in auto thefts that kicked off in 2020 has not been falling as long so it is still higher than pre-COVID levels, but we aren’t yet seeing signs of a slowdown.

Gun Violence Archive

The Gun Violence Archive data through June paints a similarly rosy picture of our nation’s gun violence trend (though even a large decline leaves gun violence far too prevalent). If a picture is worth 1,000 words then the next three graphs tell the story in 3,000 words.

The GVA isn't exact but it's another strong indicator that the historic drop in gun violence is continuing through June 2025.

Sampling Cities

The RTCI is updated through May which obviously isn’t quite midyear (though it's close!). I grabbed publicly available murder data from the 30 cities with the most murders in 2023 plus Jacksonville (which didn’t report in 2023 but would have been on this list if they had) to clearly see that the RTCI trend carried through midyear.

And…yep. That’s a huge decline through midyear in a decently large sample of cities. Violent and property crime are harder to sample because fewer agencies publish aggregated counts, but there’s no reason to suspect any change from the available May data once June is counted.

The Midyear Final Word

The final word on crime through midyear is that there is a sizable decline in every category of Uniform Crime Report Part I crime. The declines in crime shown by the RTCI data through May suggests crime may decline at or near record levels in every crime type we have measured since 1960. It’s also plausible that multiple crime types will feature the largest drop ever recorded moniker in 2025.

Not every crime is reported to police, there are still six months left in the year for these trends to moderate, and not every city or county is seeing historic declines (or declines at all). Yet the data so far this year paints the picture of declines that began in 2023 and 2024 continuing (and accelerating) through the first half of 2025.

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More American children and teens die from firearms than any other cause

More American children and teens die from firearms than any other cause, but there are more deaths — and wider racial disparities — in states with more permissive gun policies, according to a new study, reported by Nada Hassanein of Stateline.

The study, published in the medical journal JAMA Pediatrics last week, analyzes trends in state firearm policies and kids’ deaths since 2010, after the landmark U.S. Supreme Court decision in McDonald v. City of Chicago. The ruling struck down the city’s handgun ban, clearing the way for many states to make it easier for people to buy and carry guns.

The study authors split states into three groups: “most permissive,” “permissive” and “strict,” based on the stringency of their firearm policies. Those policies include safe storage laws, background checks and so-called Stand Your Ground laws. The researchers analyzed homicide and suicide rates and the children’s race.

Using statistical methods, the researchers calculated 6,029 excess deaths in the most permissive states between 2011 and 2023, compared with the number of deaths that would have been expected under the states’ pre-McDonald rules. There were 1,424 excess deaths in the states in the middle category.

In total, about 17,000 deaths were expected in the post-decision period, but 23,000 occurred, said lead author Dr. Jeremy Faust, an emergency physician at Brigham and Women’s Hospital in Boston, in an interview.

Among the eight states with the strictest laws, four — California, Maryland, New York and Rhode Island — saw statistically significant decreases in their pediatric firearm death rates. Illinois, which was directly affected by the court’s decision in the McDonald case, and Connecticut saw increases in their rates. In Massachusetts and New Jersey, the changes were not statistically significant.

The rate increased in all but four (Alaska, Arizona, Nebraska and South Dakota) of the 41 states in the two permissive categories. (Hawaii was not included in the study due its low rates of firearm deaths.)

Non-Hispanic Black children and teens saw the largest increase in firearm deaths in the 41 states with looser gun laws. Those youths’ mortality rates increased, but by a much smaller amount, in the states with strict laws.

Experts say the study underscores the power of policy to help prevent firearm deaths among children and teens. The analysis comes less than a month after the release of a federal report on children’s health that purported to highlight the drivers of poor health in America’s children but failed to include anything on firearm injuries — the leading cause of death for children and teens in 2020 and 2021, according to the federal Centers for Disease Control and Prevention.

Trauma surgeon Dr. Marie Crandall, chair of surgery at MetroHealth medical center and a professor at Case Western Reserve University School of Medicine in Cleveland, researches gun violence. She previously practiced at a Jacksonville, Florida, urban trauma unit, where she frequently saw children and teens caught in gun violence.

“When I see children come in with 10 holes in them that I can’t save — that is a loss. That is a completely preventable death, and it is deeply emotionally scarring to have to have those conversations with families when we know, as a society, there are things we could do to de-escalate,” said Crandall, who wasn’t involved in the new study.

When I see children come in with 10 holes in them that I can't save — that is a loss. That is a completely preventable death.

– Dr. Marie Crandall, chair of surgery, MetroHealth medical center, Cleveland

In her state of Ohio, firearm death rates among children and teens increased from 1.6 per 100,000 kids in the decade before the McDonald decision to 2.8 after it, according to the study. Ohio was categorized in the group with the most permissive laws.

The study adds to previous research that shows state laws around child access to firearms, such as safe storage and background checks, tend to be associated with fewer child firearm deaths.

“We know that child access prevention decreases unintentional injuries and suicides of children. So having your firearms locked, unloaded, stored separately from ammunition, decreases the likelihood of childhood injuries,” Crandall said. “More stringent regulation of those things also decreases childhood injuries.”

But she said it’s hard to be optimistic about more stringent regulation when the current administration dismisses gun violence as a public health emergency. The Trump administration earlier this year took down an advisory from the former U.S. surgeon general, issued last year, that emphasized gun violence as a public health crisis.

Faust, the lead author of the new study, stressed that firearm injuries and deaths were notably missing from the Make America Healthy Again Commission report on children’s health. He said the failure to include them illustrates the politicization of a major public health emergency for America’s kids.

“It’s hard to take them seriously if they’re omitting the leading cause of death,” Faust said. “They’re whiffing, they’re shanking. They’re deciding on a political basis not to do it. I would say by omitting it, they’re politicizing it.”

Faust and pediatric trauma surgeon Dr. Chethan Sathya, who directs the Center for Gun Violence Prevention at the Northwell Health system in New York, each pointed to the development of car seat laws and public health education, as examples of preventive strategies that helped reduce childhood fatalities. They support a similar approach to curbing youth gun deaths.

“We really have to apply a public health framework to this issue, not a political one, and we’ve done that with other issues in the past,” said Sathya, who wasn’t involved in the study and oversees his hospital’s firearm injury prevention programs. “There’s no question that this is a public health issue.”

In Louisiana, which the study categorized as one of the 30 most permissive states, the child firearm mortality rate increased from 4.1 per 100,000 kids in the pre-McDonald period to 5.7 after it — the nation’s highest rate. The study period only goes to 2023, but the state last year enacted a permitless carry law, allowing people to carry guns in public without undergoing background checks. And just last month, Louisiana legislators defeated a bill that would have created the crime of improper firearm storage.

Louisiana Democratic state Rep. Matthew Willard, who sponsored the safe storage legislation, said during the floor debate that its purpose was to protect children. Louisiana had the highest rate of unintentional shootings by children between 2015 to 2022, according to the research arm of Everytown for Gun Safety, which advocates for stricter gun access. Willard cited that statistic on the floor.

But Republican opponents said Willard’s proposal would infringe on residents’ gun rights and make it more difficult for them to use guns in self-defense.

“Nobody needs to come in our houses and tell us what to do with our guns. I think this is ridiculous,” Republican Rep. R. Dewith Carrier said during the debate.

Another Republican opponent, state Rep. Troy Romero, said he was concerned that having a firearm locked away would make it harder for an adult to quickly access it.

“If it’s behind a locked drawer, how in the world are you going, at 2 or 3 in the morning, going to be able to protect your family if somebody intrudes or comes into your home?” Romero said.

Gun violence researcher Julia Fleckman, an assistant professor, and her team at Tulane University in New Orleans have started to collect data on the impact of the state’s permitless carry law.

“It places a disproportionate impact on really vulnerable people, really, our most vulnerable people,” Fleckman said, noting kids bear the brunt of legislators’ decisions. “They don’t have a lot of control over this or the decisions we’re making.”

In South Carolina, another one of the most permissive states, the mortality rate increased from 2.3 to 3.9 per 100,000 kids in the time before and after the McDonald decision. South Carolina Democratic state Rep. JA Moore, who lost his adult sister 10 years ago today in the 2015 racist shooting that killed nine at a Charleston church, said state policy alone isn’t enough. He implored his colleagues to also examine their perception of guns.

“We have a culture here in South Carolina that doesn’t lend itself to a more safe South Carolina,” said Moore, who added he’s been advocating for background checks and stricter carry laws. “There is a need for a culture change in our state, in our country, when it comes to guns and our relationships with guns as Americans, realizing that these are deadly weapons.”

And investing in safer neighborhoods is crucial, he said.

“People are hurt by guns in places that they’re more comfortable, like their homes in their own neighborhoods,” he said.

Community-based interventions are important to stemming violence, experts said. Crandall, the Cleveland surgeon, said there’s emerging evidence that hospital-based and community-based violence prevention programs decrease the likelihood of violent and firearm-related injury.

Such programs aim to break cycles of violence by connecting injured patients with community engagement services. After New York City implemented its hospital-based violence interruption program, two-thirds of 3,500 violent trauma patients treated at five hospitals received community prevention services.

After her 33-year-old son was killed in her neighborhood in 2019, Michelle Bell started M-PAC Cleveland — “More Prayer, Activity & Conversation” — a nonprofit collaborative of people who’ve lost loved ones to violent crime. She’s encountered many grieving parents who lost their children to gunfire. The group advocates and educates for safe storage laws and holds peer grief support groups.

She also partners with the school district in a program that shares stories of gun violence’s long-lasting impact on surviving children, families and communities and non-violent interpersonal conflict resolution.

“Oftentimes, the family that has lost the child, the child’s life has been taken by gun violence, there are other children in the home,” she said.

“It’s so devastating. It’s just so tragic that the No. 1 cause of death for children 18 and under is gun violence,” Bell continued.

The decision to “pull a trigger,” she said, changes a “lifetime of not only yours, but so many other people.”

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CREATORS: Prosecuting Parents for Unsafe Sleep Environments

Matthew T. Mangino
CREATORS
June 9, 2025

Every year in this country over 4,500 babies die of Sudden Infant Death Syndrome (SIDS). Children's Hospital of Philadelphia defines SIDS as "the sudden and unexplained death of an infant under one year of age." SIDS is one of the leading causes of death in babies from 1 month to 1 year of age. It seems to plague otherwise healthy infants, usually during sleep time.

Several states have infant safe sleep laws. In Pennsylvania, the legislature enacted a specific law requiring parents to follow the sleep recommendations of the American Academy of Pediatrics (AAP). The law provides, "Infants shall be placed in the sleeping position recommended by the AAP." In 1992, the AAP recommended, "Infants should be placed in the supine position for every sleep until the child reaches 1 year of age."

During a 2007 committee hearing on the proposed Pennsylvania legislation, Eileen Carlins, the Director of Support and Education for SIDS of Pennsylvania, told legislators, "Over and over in my job I keep hearing the same thing, they didn't know, they didn't know."

In an effort to educate new parents, the law requires hospitals, birthing centers and health care practitioners to provide educational materials, then ask the parents to sign off on a certification that they received the information.

Delaware, Michigan, New York, Ohio and Colorado have similar laws, but Pennsylvania has taken it a step further. The state is prosecuting parents for failure to provide safe sleep environments. There has been prosecution of parents in other states like Virginia and Indiana for accidental suffocations and "overlays" where a parent sleeps next to an infant and rolls onto the infant, causing death by suffocation.

According to a recent article in Spotlight PA, a nonpartisan investigative journalism website, two sets of Pennsylvania parents face felony charges after police say their infants died while in "unsafe" sleep positions.

While experts and family advocates agree babies should sleep on their backs without anything in the crib, should simply failing to follow the recommendations amount to murder-three or involuntary manslaughter?

In one case, according to newspaper reports, back in May of last year, police in Lebanon County, Pa., responded to the Penn State Health Hershey Medical Center for the death of a three-month-old infant. Police said that the child's mother, Gina Strause, found the child unresponsive inside his crib.

According to police documents, "(Gina) related she went to get the child inside his crib to feed him and that was when she observed he was cold to the touch and appeared blue and she immediately called 911 and performed CPR until EMS arrived."

Police charged Strause, 40, and her husband, David, 42, with endangering the welfare of children, involuntary manslaughter and recklessly endangering another person. According to police, Strause said she placed the child back in his crib between 1:00 a.m. and 1:30 a.m. "on a 'pillow' and he was placed on his stomach (prone)."

In a second case, 19-year-old Natalee Michele Rasmus is facing murder charges for the death of her infant in Luzerne County, Pennsylvania. Rasmus is charged with third-degree murder, involuntary manslaughter and child endangerment in the death of her one-month-old daughter in October of 2022.

An autopsy determined the infant's death was caused by asphyxia due to mechanical compression.

Although parents in Pennsylvania are informed of safe sleep environments — being provided a pamphlet and signing a certification may not be enough, and certainly shouldn't be the basis for criminal charges.

An ongoing study by Johns Hopkins University is analyzing the use of an infant sleep assessment tool and motivational interviewing to enhance parent communication on safe sleep.

While the study is still recruiting participants, researchers hypothesize it will improve effective communication on sleep practices, reducing SIDS risk.

There is even research published in eBiomedicine that has identified a potential biomarker for SIDS. Yet, parents devastated by the death of an infant child face the wrath of the criminal justice system.

Nancy Maruyama, the executive director of Sudden Infant Death Services of Illinois, a nonprofit organization that educates the public about safe-sleep practices told Spotlight PA,

"To charge them criminally is a crime, because they have already suffered the worst loss."

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner's Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.

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Pennsylvania criminalizes poor parenting

Two sets of Pennsylvania parents face felony charges after police say their infants died in unsafe sleep positions, reported Spotlight PA.

While experts and family advocates say young babies should sleep on their backs without anything in the crib, simply failing to follow the recommendations shouldn’t amount to a crime.

In both cases, brought in the past six months, law enforcement say the parents knowingly put their children at risk. Parents from Lebanon County are accused of putting their son to sleep on his stomach with a pillow in the crib (the mother told PennLive she put her son on his back, but that he had learned how to roll over). A mother from Luzerne County, meanwhile, was charged after police say she let her daughter sleep face down in a U-shaped pillow.

Law enforcement argued in charging documents that the parents should have known better. They cited signed acknowledgements created as part of a 2010 law the state legislature passed to educate parents about Sudden Infant Death Syndrome (SIDS). The law requires hospitals, birthing centers, and health care practitioners to provide educational materials, then ask the parents to certify they received them.

The statement is voluntary, and there is a box noting if parents refused to sign.

The lawmaker who championed the measure, former state Rep. Lawrence Curry (D., Montgomery), died in 2018. News reports from the time say the bill was written with input from two safe-sleep experts with Cribs for Kids, a Pittsburgh-based organization that seeks to prevent sleep-related deaths.

Neither expert was available to comment, but other people dedicated to educating parents and preventing SIDS deaths oppose bringing criminal charges against grieving parents and note that there is no law against stomach sleeping.

“To charge them criminally is a crime, because they have already suffered the worst loss,” said Nancy Maruyama, the executive director of Sudden Infant Death Services of Illinois, a nonprofit organization that educates the public about safe-sleep practices and provides support to families who have experienced the loss of an infant.

“There’s nothing else you could have done to me that would have caused any more pain than the payment I had,” said Maruyama, who lost her son in 1985. “My heart’s broken.”

Safe-sleep experts stressed that these situations are not as cut and dried as a parent should have known better.

They talked about potential contributing factors like the differences in time spent educating parents in the hospital, if someone a parent trusts tells them stomach sleeping is OK, and even images parents see online that show an infant sleeping on their stomach.

The law “says that families have to receive that education, but it doesn’t say how that education is delivered, and it doesn’t state how families’ understanding or learning is evaluated,” said Devon George, chief programs officer at Cribs for Kids. (George was not involved in the drafting of the law.)

In Lebanon County, Gina and David Strause were charged in May with involuntary manslaughter, recklessly endangering another person, and endangering the welfare of children after the death of their son Gavin. Gina Strause told PennLive she put her son on his back, but that he was able to roll over. She told the outlet she did not recall taking home safe-sleep instructions.

In Luzerne County, Natalee Rasmus was charged in December with third-degree murder, involuntary manslaughter, and endangering the welfare of children after her 1-month-old daughter, Avaya, died.

Officers say they found the baby face down in a bassinet propped up on a U-shaped pillow linked to other infant deaths.

“Yeah, she wouldn’t sleep, she’ll just scream, so she has to be like propped up,” Rasmus, who was 17 at the time her daughter was born, told the investigating officer, according to the documents.

Rasmus’ public defender did not respond to requests for comment. Neither did the district attorneys in Lebanon and Luzerne Counties.

Maruyama said it’s her job to use evidence-based, peer-reviewed information to educate people with a baby about safe-sleep recommendations.

“But, you know, sometimes they’re just so tired and they just want their child to sleep, and they know if they put them on their tummy, they’ll sleep,” she said.

In 1992, the American Academy of Pediatrics first recommended that infants sleep on their backs or sides. Four years later, the organization changed the recommendation to only back sleeping. Since then, SIDS rates have plummeted, although sleep-related deaths remain a leading cause of infant mortality.

That’s what prompted the 2010 law, which directed the Pennsylvania Department of Health to create and recommend safe-sleep materials.

The “information provided to parents must include risk factors associated with sudden unexpected infant death (SUID) and advise them about safe sleep practices,” a department spokesperson told Spotlight PA.

The agency provides a brochure that complies with Act 73 in hard copy and electronic format. That brochure is two pages long and repeats recommendations from the American Academy of Pediatrics that babies should not sleep with others and should sleep on their backs in an uncluttered crib.

The state also funds PA Safe Sleep, which provides birthing hospitals with services including patient education information and expert training, and safe-sleep education at the county level through children and youth agencies.

George said it’s important to question how hospitals are delivering information and evaluating what parents are learning.

But the most important question about these situations, she said, should be: “How are we helping families? How are we supporting families?”

Of the 343 infant deaths reported in Pennsylvania in 2022 (the most recent year data is available), unsafe sleep factors were present in 68 cases, according to a state report.

While education is crucial to drop the rates of these deaths, it is not enough on its own, said Michael Goodstein, a neonatologist at WellSpan hospital in York County. He is also the director of the county Cribs for Kids program and a member of an American Academy of Pediatrics subcommittee on sudden unexpected infant deaths.

A parent who watches a video with their doctor and gets all their questions on safe sleep answered versus the parent who gets a handout will have a different level of understanding on the topic, Goodstein said.

Like all experts who spoke to Spotlight PA, Goodstein said this is a complex issue that needs more attention, more awareness, and more research.

“It’s really important to follow the safe-sleep recommendations,” Goodstein said. “I’m not going to say it’s easy to do. Babies get fussy and parents are sleep deprived, and at some point, they sometimes do things that might help the baby get back to sleep faster, so that they get some sleep, but in the end, is not a safe thing to do.”

Rare charges

It’s extremely rare for parents to be charged with a crime after their infants die sleeping on their stomachs, said Daniel Nevins, who has over 20 years of experience as a criminal defense attorney.

Nevins said he couldn’t name another case off the top of his head with similar facts.

Spotlight PA identified a handful of criminal cases nationwide related to the deaths of infants sleeping in Boppy pillows, like the one police say Rasmus used. Charges have also been brought against parents who slept in the same bed as their child.

In the recent Pennsylvania cases, Nevins said the burden of proof for prosecutors is high.

To secure a conviction for involuntary manslaughter — which is punishable by up to 10 years in prison — prosecutors will have to prove that the parents acted dangerously or recklessly and that they should have known better.

For third-degree murder — which can be punished with up to 40 years in prison — prosecutors do not have to prove that the death was intentional but do have to demonstrate malice.

“The commonwealth had better think long and hard about whether or not they have enough evidence to pursue these types of charges,” Nevins said.

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States make it a felony to bring illegals across their borders

Alabama lawmakers have passed legislation that would make it a felony to knowingly bring someone into the state who is in the U.S. illegally, echoing similar bills nationwide that could restrict domestic travel for some immigrants, reported The Associated Press.

The legislation given final approval Wednesday protects “not only the citizens of Alabama but also the people that are immigrating here legally and doing everything the right way,” said the bill’s Republican sponsor, Sen. Wes Kitchens.

The measure carves out exemptions for medical professionals such as ambulance drivers and employees for law firms, educators, churches or charitable organizations carrying out “non-commercial” tasks. The bill also outlines a process for law enforcement to determine whether a person who is arrested is in the country legally. It now goes to Alabama Gov. Kay Ivey, who has 10 days to sign the legislation or else it fails by a pocket veto.

Alabama joins at least nine other states that have considered legislation this year that would create crimes of transporting immigrants who are unlawfully in the U.S., according to an Associated Press analysis using the bill-tracking software Plural. It’s one of many recent bills passed by conservative statehouses seeking to aid President Donald Trump’s crackdown on immigration.

Activists say Alabama could end up ensnaring people who provide transportation across state lines for essential services, such federal immigration court hearings in New Orleans and Atlanta, mandatory trips to out-of-state consulates and visits to family.

Jordan Stallworth, 38, works as a civic engagement coordinator for the Alabama Coalition for Immigrant Justice and lives in Wedowee, Alabama, a rural town of about 800 people that is just a 20-minute drive from Georgia. His wife has relatives living without legal status in both states and he often assists family members and other immigrants in the community with transportation.

Recently, he drove a family member lacking legal status to the maternity ward in Carrollton, Georgia, 35 miles (56 kilometers) away, since the local hospital doesn’t have one. Stallworth worries that similar trips will be criminalized.

“I’m not gonna sit here and somebody’s dying in front of me just to have a baby — I’m not gonna sit here and just let her die, family or not,” Stallworth said.

Federal law already makes it a crime to knowingly transport someone who is in the U.S. illegally. That law has been used in border areas against drivers picking up people who illegally cross into the U.S. But it has not historically been used for minor things like giving someone a ride to the grocery store, said Kathleen Campbell Walker, a longtime immigration attorney in El Paso, Texas.

But immigrant advocates are watching to see whether that changes under Trump.

“The likelihood of that being enforced is higher now because of the focus on removing undocumented people from the United States,” Walker said.

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How a pregnancy loss can result in criminal prosecution

 Cary Aspinwall of The Marshall Project writes:

In late March, police in southern Georgia arrested a 24-year-old woman who had a miscarriage after a witness reported seeing her place the fetal remains in a dumpster.

The coroner in Tift County determined it was a 19-week fetus from a naturally occurring miscarriage, but some legal experts consider the arrest a bellwether for the criminal suspicion that surrounds pregnancy loss in many states in post-Roe America.

The Marshall Project previously examined how the way a person handles a pregnancy loss — and where it occurs — can mean the difference between a private medical issue and a criminal charge.

Nationally, federal data shows that about 20% of pregnancies end in a loss, but only a small number are investigated as crimes. In several states, a positive drug test after a pregnancy loss can result in criminal charges for the mother, and even prison time.

Prosecutions related to pregnancy appear to have increased since the Supreme Court decision that overturned Roe v. Wade in 2022, according to Pregnancy Justice, a nonprofit that advocates for the legal rights of pregnant people. In the first year after the Dobbs decision — from June 2022 to June 2023 — there were at least 210 pregnancy-related prosecutions, researchers for the group found.

Here are some states where miscarriages and stillbirths have been investigated by the criminal legal system in recent years:

Alabama

Arkansas

California

Georgia

Ohio

Oklahoma

South Carolina

Alabama

Alabama has a broad “chemical endangerment of a child” law allowing prosecutors to charge someone for drug use during any part of a pregnancy, whether the mother delivers a stillborn fetus or a healthy newborn.

Our 2022 investigation with AL.com found that more than 20 women had been prosecuted after a miscarriage or stillbirth in Alabama. Some of the harshest sentences resulted in cases where a fetus was stillborn and the woman went to trial.

The Pregnancy Justice report examining nationwide prosecutions related to conduct associated with pregnancy, pregnancy loss or birth in the first year after the Dobbs ruling found that nearly half of the cases came from Alabama.

Arkansas

Arkansas is among several states that still make it a crime to “conceal” a birth or stillbirth. Such laws date back to the 17th century, and were intended to shame and accuse women of crimes if they were pregnant and unmarried.

In 2015, Annie Bynum walked into a hospital with a plastic bag containing the remains of her stillborn fetus and ended up going to jail — and eventually prison. She was accused under the concealment law.

A jury originally convicted and sentenced Bynum to six years in prison. Later, an appeals court ruled that the jury shouldn’t have been allowed to hear evidence that Bynum ingested medications to induce labor before the stillbirth or had previously had abortions — because the charge was that she had concealed the pregnancy, not tried to end it. While pregnant, Bynum had planned to quietly let a friend adopt the baby, and she eventually pleaded guilty to a legal violation for the attempted adoption.

California

In 2022, the state passed a law banning investigations and prosecutions of pregnancy loss.

But prior to that law, at least two California women had already served time in jail and prison for stillbirths that prosecutors had alleged were related to drug use.

Adora Perez had served nearly four years of an 11-year sentence before a judge ruled her plea agreement — to a charge of voluntary manslaughter of a fetus — was unlawful, and overturned her conviction in 2022.

That only happened after the case of then-26-year-old Chelsea Becker garnered international outrage. Becker was charged with “murder of a human fetus” in 2019, but the case was dismissed in 2021 and led to Perez’s case getting a second look. Anger about the prosecutions of both women led to the change in state law, to avoid punishing “people who suffer the loss of their pregnancy.”

Georgia

At least one woman who had a miscarriage has been arrested under a state law that makes it a crime to conceal a dead body, punishable by up to 10 years in prison.

On March 20, police in Tifton, Georgia, issued a press release announcing that a dead fetus had been found in a dumpster at an apartment complex, after an ambulance was called for a woman who was found bleeding and unconscious. The next day, the Tifton Police Department announced it had arrested the woman who miscarried that fetus, accusing her of one count of concealing the death of another person and one count of abandonment of a dead body.

On April 4, Tift County District Attorney Patrick Warren announced that his office was dropping charges against the woman. His office determined that neither charge was applicable to her case under Georgia law, because a medical examiner determined the woman had a naturally occurring miscarriage.

Ohio

Ohio’s abuse of a corpse law allows a fairly broad interpretation, if applied to fetal remains: “No person, except as authorized by law, shall treat a human corpse in a way that would outrage reasonable community sensibilities.”

In 2023 in Warren, Ohio, Brittany Watts was arrested and charged with abuse of a corpse after experiencing a miscarriage at home in her toilet. She had been to a hospital prior to her miscarriage but left when she felt she was getting inadequate treatment, according to news reports. When she went back to the hospital after her miscarriage, a nurse called police and reported that Watts had given birth at home and did not want the baby — an assertion Watts’ lawyer denied. A grand jury declined to move forward with the criminal case in 2024.

Earlier this year, Watts filed a lawsuit in federal court alleging medical professionals conspired with a police officer to fabricate criminal charges against her.

Oklahoma

Criminal charges related to drug use while pregnant — in cases of pregnancy loss or infants born healthy — have become increasingly common in recent years in Oklahoma.

Kathryn Green gave birth to a stillborn baby in Enid, Oklahoma, in 2017. She was struggling with meth addiction at the time and scared. She cleaned her stillborn son’s body, wrapped him in a blanket and put him in a box. Police later found the remains in the trash and arrested her. Prosecutors initially charged her with second-degree murder, alleging that the stillbirth happened because of “meth toxicity.” But medical tests later showed otherwise: Green’s stillborn son had an infection that had caused his death, records show.

In 2022, Green decided to enter an Alford plea — a guilty plea in which the defendant maintains innocence. At her sentencing hearing, a judge said he wasn’t convinced that prosecutors had proven Green willfully and knowingly harmed her baby by using methamphetamine while pregnant, but he was bothered by her “lack of maternal instinct.”

South Carolina

South Carolina was the first state to prosecute a woman for a stillbirth allegedly due to drug use. In 2001, Regina McKnight was sentenced to 12 years in prison for giving birth to a stillborn baby who tested positive for cocaine. McKnight served eight years before the state Supreme Court overturned her conviction, in part because her trial lawyer didn’t present witnesses to challenge prosecutors’ claim that her drug use definitively caused the stillbirth.

The state charged at least 200 women between 2006 and 2021 with unlawful neglect of a child or homicide by child abuse for alleged perinatal drug use.

In March 2023, a college student in Orangeburg, South Carolina, named Amari Marsh went from miscarrying a fetus in her bathroom to being investigated for a homicide. She told investigators she didn’t realize she was pregnant until she went to an ER with severe pain. She left the hospital and miscarried later in a toilet at home (which medical experts say is common). Her boyfriend at the time called 911. Police became suspicious that she may have sought to end the pregnancy or not called 911 fast enough, records show. She was jailed and accused of homicide by child abuse — before the fetus was autopsied.

An autopsy showed later that the fetus died of natural causes due to an infection that Marsh was unaware of, her lawyer said. In South Carolina, police can arrest someone on a criminal complaint without approval from local prosecutors (called solicitors). After a grand jury reviewed all of the evidence in the case, the charges against Marsh were dismissed.

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