Melissa McCann Arms, Appellant v. State of Arkansas, Appellee — Brill, J., Concurring

Summary

The concurrence agreed that the judgment should be reversed and the charge dismissed because the statute did not expressly extend the relevant offense to a mother's introduction of methamphetamine to an unborn child. It reasoned that the legislature had expressly included unborn children in other criminal statutes but had not done so in the statute at issue, and that public policy concerning unborn life could not itself create a crime. The concurrence also emphasized that policy choices concerning addiction treatment and criminal prosecution belong to the legislature.