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Active4People - > Discussion topics -> Question on abortion penalties
Question on abortion penalties
With the leanings of the Supreme Court, I am curious as to opinions on whether or not a mother should be prosecuted for murder (as well as anyone who assists) if Roe v Wade were overturned. I saw this written about recently and the question was posed: Shouldn't any mother who gets a, then illegal, abortion also be prosecuted for murder? Obviously, if Roe V. Wade were overturned each State could then enact its own laws governing this. How should the State address this particular aspect?
Posted in these Groups:
Topics: Abortion, Physician, Roe, Wade, murder
posted by Active4People on Sunday, September 2, 2007 at 07:28 PM
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5 comments from 4 users

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posted by Joty on Sep 3, 2007 at 12:09 PM

Murder? For removing a parasite from one's own womb legally or illegally? I don't think so.

posted by rm6 on Sep 3, 2007 at 05:21 PM

Prosecuted for murder? Are you effing kidding me? That's as absurd as prosecution in this case study: http://www.tehachapinews.co...

 

posted by Active4People on Sep 4, 2007 at 11:08 AM
rm6, Joty, thanks for your views, could you expand? I was curious is you thought there should be any penalty for either the mother or anyone who assisted (performed such a procedure) IF the supreme court reversed the prior Roe V. Wade decision. It may be that you oppose any such reversal, and that's fine, but I am curious as to the various views on what the penalty should be, if any, for all parties in the matter. Thanks again for your comments.
posted by rm6 on Sep 4, 2007 at 01:14 PM

IF Roe v. Wade was overturned, it would not likely have much of an effect on abortion here in California. That being said, I would not support any penalty for the mother or her doctor.

As an aside, I find it ironic that there are many people that are pro-life and also pro-death penalty. It's almost hypocritical...

posted by madkow2747 on Sep 4, 2007 at 03:07 PM
I agree with rm6 that even if R V. W is overturned, abortion will very likely not be illegal in CA.  If it were made illegal in other states, the penalties would vary according to the popular opinion of that state.  I think that a majority would not prosecute for murder per se, but rather would prosecute for the new charge of "obtaining an illegal abortion" or "performing an illegal abortion". 

For me, it all goes by levels.  If the fetus was viable and the abortion wasn't a medical necessity, I would charge the mother with criminal neglect and assault (because she didn't actually kill the child) and the doctor with malpractice (for intentionally causing harm to a healthy human being).  If the fetus was not viable, then the punishment is seriously up for contention.  It all comes down to where you believe life begins.  Traditionally it is defined as beginning at "quickening", but with modern technology we know that the baby is very much 'alive and kicking' well before then.  Drawing from my own research/opinions/beliefs I believe life begins at conception.  This means that I would not have an abortion, but I find that I have a difficult time translating my personal belief into a legal belief, and so I cannot apply it to everyone else.  Therefore, legally, I still support abortion in the first trimester and into the beginning of the second trimester.  But I also consider abortion grossly irresponsible in most cases (excluding rape) because, really- birth control is free and easy.  Just don't get knocked up in the first place, and you won't have to worry about getting the abortion!

And rm6- how about this one: I am pro-life, pro-death penalty, and pro-euthanasia.  Pro-life, because a mother has the responsibility to protect her helpless child.  Pro-death penalty because some people are evil and deserve to be put to death.  Pro-euthanasia because sometimes it is the easiest, most painless, and most dignified way for a person to go.  I don't see any hypocrisy in that.
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