Dad faces homicide in unborn child's death

Discussion in 'Politics' started by Gina B, Mar 29, 2006.

  1. Gina B

    Gina B
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    This idea of "it's only a child if the carrier wants it" has got to end. It either is or isn't!

    As long as there are laws out there that would have allowed this woman to walk into an abortion clinic and have an abortion for no reason other than not wanting the child, there's no reason for this man to be charged with anything more (in the case of the child) than practicing medicine without a license.
     
  2. Johnv

    Johnv
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    I agree with you, Gina, but let's not get on a bandwagon here. In this case, the fetus was second trimester. First trimester manslaughter charges are preacitcally unheard of. Second trimester charges are typically made as a leverage tool for plea bargaining, and typically do not end up as a convicted charge. Most of the time, fetal homicide charges are able to stick if the fetus is in the third trimester (a stage when elective abortions are illegal). Since the fetus here was it the 5th month, it is likely that charges involving the fetus will be dropped.

    But, like I said, I agree with you. It's quite a double standard to permit elective abortions in the first two trimesters, and at the same time, attempt to charge someone form manslaughter of a fetus in the first two trimesters.
     
  3. Debby in Philly

    Debby in Philly
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    Actually, as long as there are laws out there that allow for this man to be charged with homicide, then the laws that would have allowed this woman to walk into an abortion clinic and have an abortion for no reason other than not wanting the child are in violation of those laws and should be repealed.
     
  4. Gina B

    Gina B
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    John, what bandwagon? :confused:
    It was the fourth month, btw, unless I read it wrong.

    Anyhow, I wonder how we got to such illogical ways of looking at stuff in the courts.

    Has a father ever tried to sue a doctor for the murder of an unborn child when the father wanted the child and the mother wanted an abortion?

    Are there really laws that allow a person to be charged with homicide in the death of an unborn child within the first two trimesters?

    It makes no sense. If two such opposing laws really exist (legalized abortion by choice and illegal to cause death of unborn child even by accident) then what can we do to change that? It really shouldn't be so.
     
  5. Johnv

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    The abortion bandwagon. The charge in question doesn't address the abortion issue. That said, I agree with you about the percieved inequity, as I said earlier.

    I could be wrong, but I believe the fetus was four months old, thus being in its fifth month.

    Without debating the moral implications, I think I can explain this. Many laws are passed with a specific goal in mind, often without regard to other laws that might touch upon similar situations. Ultimately, it is up to the court system to weigh multiple statutes that might apply to any one case, and determine what appplication of law is suitable for any given legal scenario.

    I'm not 100% sure, but I believe it's been tried, but I don't think any father has have won their claims. And, to be quite honest, while I disagree with current abortion laws, I think it would be ridiculous to hold a person liable for homicide via an elective abortion, when elective abortion is legal in the first two trimesters.

    I don't think there any law pertaining to the fetus was cited here. In this case, it appears that a general homicide statute was cited.
     
  6. SeekingTruth

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    Folks, it was a baby. From the moment of conception, it could be nothing else, absent some outside force.

    It was a BABY.
     

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