EDITORIAL
Underlying issues in dead baby case remain

It is gratifying that cooler heads prevailed in the case of Tayshea Aiwohi, who faced manslaughter charges in the death of her infant son because she had smoked crystal methamphetamine in the days leading up to his birth.

The case generated serious debate in the legal, health and social services communities. Can a woman be charged with manslaughter for something she did before her child was born?

Under a plea agreement, Aiwohi will be placed on probation for 10 years but will serve no jail time.

The serious legal, ethical and moral issues surrounding this case deserve calmer consideration than can be offered in the heat of a criminal trial.

And as it happens, that calmer consideration may soon be possible.

In something of an unusual move, the judge has allowed the defense to appeal an earlier ruling in which he refused to dismiss the case altogether on constitutional and common-law immunity grounds.

That appeal can get to the heart of the underlying issues without the distraction of having to decide the fate of this one individual.

One of the complications in this matter is that the prosecution points out that the infant died after he was born; in other words, a live human being died as the result of his mother's actions. This arguably puts it into a different category than a miscarriage or death in the uterus.

Our hope is that the courts will handle this matter with great care. Opening the door for criminal prosecution of mothers who do things dangerous to their unborn child is a slippery slope.

First, where does one stop? Is smoking crystal meth legally different from, say, drinking, smoking or engaging in rigorous physical activity?

And then there is the possibility that the threat of prosecution will drive mothers away from seeking medical care, not a happy prospect for mother or baby.

This immediate case has been resolved in what appears to be a sensible manner. The longer-term issues it presented are far from settled.