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Woman tried to end rival's pregnancy https://gladerebooted.net/viewtopic.php?f=8&t=1075 |
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Author: | Foamy [ Tue Dec 08, 2009 1:46 pm ] |
Post subject: | Woman tried to end rival's pregnancy |
Link Article spoilered for longness STORY HIGHLIGHTS * Brooklyn, New York, woman tried to cause rival to miscarry, prosecutors say * Woman allegedly forged prescription for labor-inducing drug * Victim of ruse gave birth to boy, who survived * Someone later tried to poison baby's milk in hospital, prosecutors say Spoiler: This is horrible on so many levels, but what jumped out at me was the "attempted abortion". I am interested where this falls from a legal perspective. With the pro-choice side claiming that a developing fetus isn't a life, but rather a choice, what does "attempted abortion" equate to. Breaking and entering? Stealing? |
Author: | Elmarnieh [ Tue Dec 08, 2009 1:50 pm ] |
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Murder in most states. |
Author: | Micheal [ Tue Dec 08, 2009 1:51 pm ] |
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Attempted Murder /shakes head sadly. Sick woman. If said accusations are true she needs psychiatric help as much as being locked away for awhile. |
Author: | Foamy [ Tue Dec 08, 2009 1:54 pm ] |
Post subject: | Re: |
Elmarnieh wrote: Murder in most states. Interesting double standard. So "attempted abortion" or "abortion" is a crime when someone other than a doctor or a clinician does it without the mother's consent. But when the mother wants to murder her own unborn child, it becomes a choice... Got it. |
Author: | Müs [ Tue Dec 08, 2009 1:56 pm ] |
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It has to do with consent. Also: Quote: And after the baby was born two months premature, but survived They don't generally perform abortions in the third trimester anyway. I'd call it attempted murder. |
Author: | Foamy [ Tue Dec 08, 2009 1:59 pm ] |
Post subject: | Re: Woman tried to end rival's pregnancy |
I'd be interested to know if there have been any cases of someone trying to end a pregnancy earlier that the 3rd trimester in the same manner. Say, a person kicks a 3-month pregnant mother-to-be causing her to miscarry... Murder? Manslaughter? Fetusslaughter? |
Author: | Micheal [ Tue Dec 08, 2009 2:06 pm ] |
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That is a legal Gordian's knot. Yes, that junk has been done before, but I don't know if it has gone to court as far as the willful slaying of the unborn. Definitely assault and battery on the mother. |
Author: | Müs [ Tue Dec 08, 2009 2:10 pm ] |
Post subject: | Re: Woman tried to end rival's pregnancy |
Foamy wrote: I'd be interested to know if there have been any cases of someone trying to end a pregnancy earlier that the 3rd trimester in the same manner. Say, a person kicks a 3-month pregnant mother-to-be causing her to miscarry... Murder? Manslaughter? Fetusslaughter? Assault and Battery at the least, Manslaughter at the worst. Unless its premeditated intent to cause a miscarriage, then I'd be ok with murder. |
Author: | TheRiov [ Tue Dec 08, 2009 2:17 pm ] |
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remember, the baby was only 2 months premature, third trimester abortions are generally only done in extreme cases (non-viable fetus, life of the mother, etc) and even those who are pro-choice usually dont advocate for them, as, by that point, usually the child can survive outside the womb with intensive medical care. |
Author: | Vindicarre [ Tue Dec 08, 2009 2:29 pm ] |
Post subject: | Re: Woman tried to end rival's pregnancy |
Foamy wrote: I'd be interested to know if there have been any cases of someone trying to end a pregnancy earlier that the 3rd trimester in the same manner. Say, a person kicks a 3-month pregnant mother-to-be causing her to miscarry... Murder? Manslaughter? Fetusslaughter? Murder of an Unborn Child Manslaughter Fetal Homicide It varies greatly from jurisdiction to jurisdiction. |
Author: | Dash [ Tue Dec 08, 2009 2:42 pm ] |
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Every now and then there is a legal tussle by pro life and pro choice factions on issues like this. When a pregnant woman is killed for instance the pro life side will push for a double homicide while the pro choice fights it because they believe it's going to be used to ban abortions. I vaguely remember a scuffle during the Scott Peterson murders where a group wanted him charged with double homicide for his wife Laci and her unborn child. |
Author: | Corolinth [ Tue Dec 08, 2009 4:01 pm ] |
Post subject: | Re: Re: |
Foamy wrote: Interesting double standard. So "attempted abortion" or "abortion" is a crime when someone other than a doctor or a clinician does it without the mother's consent. I have bolded the parts that make it a crime. The consent qualifier is the big one, but attempting to abort another person's child is also practicing medicine without a license, which is illegal in its own right.
But when the mother wants to murder her own unborn child, it becomes a choice... Got it. |
Author: | Vindicarre [ Tue Dec 08, 2009 4:19 pm ] |
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Dash: I remember that too (pro-choice people pushing for it not to be considered murder for the baby); Peterson was convicted of second degree murder for the baby. |
Author: | Stathol [ Tue Dec 08, 2009 4:32 pm ] |
Post subject: | Re: Re: |
Corolinth wrote: The consent qualifier is the big one, but attempting to abort another person's child is also practicing medicine without a license, which is illegal in its own right. That part seems like a bit of a stretch to me. If I stab someone in the spleen, you don't call it an unlicensed splenotomy. |
Author: | Screeling [ Tue Dec 08, 2009 4:36 pm ] |
Post subject: | Re: Re: |
Stathol wrote: Corolinth wrote: The consent qualifier is the big one, but attempting to abort another person's child is also practicing medicine without a license, which is illegal in its own right. That part seems like a bit of a stretch to me. If I stab someone in the spleen, you don't call it an unlicensed splenotomy. Maybe YOU don't... |
Author: | Vindicarre [ Tue Dec 08, 2009 4:38 pm ] |
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I call it an unlicensed splenectomy - and good fun for the kids! |
Author: | FarSky [ Tue Dec 08, 2009 4:39 pm ] |
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I would jump at the chance to call anything an "unlicensed splenotomy." Even things that have nothing to do with surgery, or spleens. |
Author: | Stathol [ Tue Dec 08, 2009 4:42 pm ] |
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Band name! |
Author: | Screeling [ Tue Dec 08, 2009 4:42 pm ] |
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Farskee, you get to play lead singer. |
Author: | Corolinth [ Tue Dec 08, 2009 5:21 pm ] |
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Stabbing me in the spleen would be assault. Possibly with a deadly weapon. Consequently, an attempted abortion could be ruled as assault, or even attempted murder considering that said abortion attempt could very likely involve forcing (or tricking) the mother to ingest a toxic chemical. Anyhow, the point is there's plenty of good reasons why it's illegal without even beginning to consider the fetus. |
Author: | DFK! [ Tue Dec 08, 2009 11:29 pm ] |
Post subject: | Re: |
Corolinth wrote: Consequently, an attempted abortion could be ruled as assault... Any medical procedure conducted without the consent of the patient that isn't an emergency situation is battery. |
Author: | Corolinth [ Tue Dec 08, 2009 11:46 pm ] |
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So there you have it. Even had this woman been actively seeking an abortion from a doctor or clinic, this situation would still be illegal. |
Author: | Diamondeye [ Wed Dec 09, 2009 10:30 am ] |
Post subject: | Re: |
Corolinth wrote: Stabbing me in the spleen would be assault. Possibly with a deadly weapon. Consequently, an attempted abortion could be ruled as assault, or even attempted murder considering that said abortion attempt could very likely involve forcing (or tricking) the mother to ingest a toxic chemical. Anyhow, the point is there's plenty of good reasons why it's illegal without even beginning to consider the fetus. If someone were stabbed it would probably be attempted murder and maybe get knocked down to felonious assault at a plea bargain. 99% of the time a stab to the abdomen is an attempt at a killing strike. In any case, the attempted murder charge against the fetus is a recognition that the 3rd party, regardless of the abortion debate, does not have the right to end the pregnancy without the mother's consent. The abortion debate really doesn't pertain at all; no one on the pro-choice side argues that anyone other than the mother has the right to make such a decision, not even the father. Given that, the law simply assumes that a pregnancy is most likely to result in a healthy birth if not for the actions of the attacker. If the fetus dies, it therefore was denied thelife it would have had, regardless of its status at the time of the killing. Essentially the law is saying "the debate over the rights of the mother is not relevant to an act done without the mother's consent." |
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