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What is Shackling?

Shackling is the act of putting restraints around a person's wrists and ankles. These restraints in prison are often made up of metal chains and cuffs. 

How is a Lack of Restrictive Shackling Laws Physically and Mentally Harmful Towards Pregnant People?

Currently, 18 states have little to no laws against shackling women during pregnancy and labor. Yet, shackling during pregnancy and labor still occurs in states with preventative laws due to the little authoritative and public watch within the prison system. During labor, shackles can lead to medical complications since they can interfere with a physicians or doctor's job. They also interfere with the physical comfortability of the patient. Due to the extreme pain of labor, pregnant people often move around a lot or change positions, yet shackles attempt to prevent that. Therefore, the shackles dig into the patients wrists and ankles and create gashes and bruises. The physical stress that this puts on a pregnant person's body does not even compare to the long term mental effects. Psychologist, Dr. Danielle Dallaire states that, “women subjected to shackling during childbirth report severe mental distress, depression, anguish, and trauma, and use of shackles during or immediately following childbirth can cause or exacerbate pregnancy-related mental health problems” (Dallaire). Despite this ongoing problem, even if prisons were to defend shackling because of safety measures, prisons provide very few mental health resources. The National Alliance on Mental Illness reported that, “about three in five people (63%) with a history of mental illness do not receive mental health treatment while incarcerated in state and federal prisons” (NAMI). Therefore, pregnant women are forced to face mental illness brought on by these maltreatments alone. For these reasons, pregnant people are continually subjected to physical and mental abuse under laws that allow shackling.

 

Pamela Winn's Story and How the Shackling of Pregnant People is Unconstitutional

The dangerous physical and mental state that shackling imposes on pregnant prisoners proves it to be unconstitutional. The 8th amendment states that, “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Stevenson). This amendment refers to the treatment of prisoners and was made so that the government could not take advantage of their power over incarcerated people. Shackling is a form of cruel and unusual punishment. Pamela Winn, a formerly incarcerated woman, found out she was pregnant while in prison. Winn explained that one day, she was getting transported with shackles on and the ankle cuffs were too tight and made her fall. After she fell, Winn soon learned that she was continually bleeding, and she was worried that something may have happened to her baby. Winn requested medical attention multiple times before she was allowed to see a doctor. When the doctors finally saw her, they told her that the prison did not have the official equipment for pregnant women and therefore she would have to wait another month in order to go to a hospital that could give her proper care. Winn did not make it to this appointment and miscarried in her cell. She waited there for four hours before she was transported to a hospital shackled to a bed. Winn stated that she “endured the remainder of [her] miscarriage — with two male officers between [her] legs refusing to give [her] any privacy” (Freleng). This inappropriate, dehumanizing, and harmful behavior continues to be normalized. While shackling on its own has proven to cause harm to pregnant women, it also has acted as a gateway for prisons to avoid accommodating women's needs, which has further allowed these “cruel and unusual” actions to occur. Pamela Winn is just one victim of these unlawful practices that are continually endured by pregnant prisoners. It may be argued that incarcerated mothers could be dangerous, therefore shackling these individuals is necessary. Yet, 60% of women in prison are there for nonviolent crimes. While there can be some subjectivity in the regard to the policies that are put in place for pregnant women and mothers depending on the crime they commit, the instant generalization that all women should face the same harsh mistreatment is flawed.