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Suppose a constitutional amendment is passed stating that life begins at conception instead of birth. It's illegal to supply drugs, especially tobacco and alcohol, to minors. Will we prosecute pregnant women for drinking and smoking, or people in general for smoking near pregnant women? You can't very well jail the mother without jailing the fetus, and not all convicted felons reform into nice law abiding citizens; will we put these evil mothers into artificial comas or chain them to hospital beds with 24 hour guards to make sure they can't harm their fetus? It would be pretty darn hard to punish the mother without punishing the fetus.