Randall Kennedy, the author of Race, Crime and the Law, argues (p.10) that it is sometimes difficult to determine “whether, or for whom, a given disparity is harmful.” Regarding the prosecution of pregnant women who abuse drugs, he states that “Some critics attack as a racist prosecution of pregnant drug addicts on the ground that such prosecution disproportionately burdens blacks.” But, he asks, “on balance, are black communities hurt by prosecutions of pregnant women for using illicit drugs harmful to their unborn babies or helped by an intervention which may at least plausibly deter conduct that will put black unborn children at risk?” How would you answer this question?
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