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Right to “Life”: The Cruel Contradiction of Exceptions to the Death Penalty for Pregnant People

2024/08/02 by Tereza Trejbalová, Carolyn Sufrin, Bethany Kotlar +4 · 1 voice
Social Sciences · #Criminal Justice and Corrections Analysis #Homicide, Infanticide, and Child Abuse #Torture, Ethics, and Law

paper · doi:10.1177/00328855241263499

openalex publication_date 2024/08/02 · openalex created_date 2025/10/10 · openalex updated_date 2026/05/21

Abstract

The death penalty debate intensifies when condemned women are considered, at least in part because of the associations society holds between womanhood and motherhood. Consequently, the concept of motherhood inherently permeates every condemned woman's sentence. Using qualitative document analysis, we examine how pregnancy is accounted for in the death penalty statutes and execution protocols. In half of U.S. states, exceptions exist in the statutes preventing executions of pregnant people, but pregnancy is rarely mentioned in execution protocols. The findings highlight aspects of reproductive injustice.

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