In September, Texas judge Charlie Baird sentenced a female to a decade’ probation for problems for a young child by omission. The girl, twenty-year-old Felicia Salazar, admitted that she had did not protect her 19-month-old youngster from the brutal beating by the kid’s dad, Robert Alvarado, and that she had did not look for health care bills when it comes to kid’s accidents, which included broken bones. As well as other, more ordinary probation conditions (including 100 hours of community solution and mental guidance), the judge ordered Salazar to not ever conceive and bear a young child while on probation.
In this line, We address the concern whether this kind of probation condition unconstitutionally infringes upon Salazar’s fundamental directly to procreate.
The Relevant Supreme Court Precedents
The U.S. Supreme Court has yet to handle a full instance that is correctly on point for this kind of probation condition. Nevertheless, two lines of choices are appropriate. One line has to do with sterilization. The Court upheld the compulsory eugenic sterilization of the “mentally defective” in a case involving a young woman named Carrie Buck in its infamous 1927 decision in Buck v. Bell. The Court claimed that “three generations of imbeciles are sufficient.”
The Court – without overruling Buck – invalidated a punishment of sterilization that was imposed upon some, but not all, types of recidivist felons in 1942, however, in Skinner v. Continue reading →