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Abortion Rights and Fetal Homicide: Contradiction? In MY Law?

FreakyLocz14

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    I wouldn't be a fan of a fetal homicide law. Instead, we could charge the criminal with the infringement of the mother's right to have a baby and give it a penalty that reflects the views of the community (ie. a decent sentence). It doesn't state that the fetus is a human being, getting rid of the legal inconsistency, and in the end it has a similar outcome to if we did have a fetal homicide law. The death sentence/capital punishment would not be appropriate for this crime in my opinion (so the fetus does not have to be considered as life).

    Relating to what you said before about somebody who murdered a pregnant woman - the facts that the woman is carrying a child makes her less able to defend herself as well as forcing an abortion, both things which can act as incentive to give the criminal the death penalty for the murder of the mother as opposed to giving the criminal a less harsh penalty.

    Unrelated to the topic at hand but just to clarify, I wouldn't support an abortion past the 20 week stage; if you've left it that late you should have to go through with having the child, and if needed just put it up for adoption. You've got five months to make the decision for an abortion (probably around four of being aware of being pregnant) which is more than adequate time to get an abortion. I support legalising abortion because as well as giving the woman the choice to abort, it puts in place balances and checks to make sure the women know what they're doing and to stop dangerous home abortions (for example, using a coathanger :S) from happening. Abortion will still be happening whether it's legalised or not, and I'd rather women can get an abortion from a qualified professional instead of an amateur or even themselves.

    Yes. The forced abortion could be charged in addition to the homicide. The criminal would be convicted of two crimes. The prosecutor could also be able to use the forced abortion conviction as an aggravating circumstance when asking the jury to impose the death penalty. Just the forced abortion itself would not warrant capital punishment.
     

    o0PinkSquid0o

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  • Wow... I am kind of disgusted at the 'Pro incest' in this thread... lets hope you guys don't have siblings and breed with them...

    Anyway, the law is ridiculous, you either allow abortions or you call it murder... why not get rid of one law before making the other one.

    Also I am pro Abortion IF you've been raped or your child will be born with disabilities.

    I am anti abortion if you've had a child because you were stupid and didn't wear protection.
     

    twocows

    The not-so-black cat of ill omen
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  • Wow... I am kind of disgusted at the 'Pro incest' in this thread...
    I'm not sure anyone here is "pro-incest," possibly because I don't know what you mean by that. Those who spoke up were simply being tolerant of a lifestyle choice.
     
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    I am anti abortion if you've had a child because you were stupid and didn't wear protection.

    those who become pregnant due to irresponsibility probably aren't fit to take on the responsibilities of raising a child, and im not sure i like the idea of a child being raised by anyone so careless and neglectful. the way i see it, the embryo doesn't even have a central nervous system let alone a will to live, and keeping the option unavailable to all is like trapping a woman in her own body. until the fetus is developed enough to survive outside the mothers womb, i don't consider abortion the killing of a human being...and until it's actually born i don't feel anyone has the right to tell a woman what she ought to do with her parasitic offspring.
     

    Dawn

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  • While I agree that Murder A =/= Murder B, don't forget that you can factor out the Murder and reach the conclusion that Murder(A=/=B). The Murder is the same, but circumstance may be different. Murder is Murder, whether it be your neighbor or the man who tried to rob your house and didn't realize you have a gun. There is still a life being taken; you of all people I'd expect to agree with that.

    I don't see why all murders should be treated as if they're the same based on this, like the original poster was implying. He very clearly disagreed that situation and context played a part in how wrong a murder was.

    And there's that "moral" debate again. I'm a moral relativist, have been for a long time. Cultures differ (and most of 'em, including our own, are down right weird), but it's, err, ignorant? to force morals where they are not wanted.

    Well I don't know about that. I mean, what exactly is being ignored there? It seems more like a legitimate reaction to me. Perhaps that was the wrong word.

    Need I remind you that there is a big difference between abortion being legal than illegal? When it's legal, it gives you the choice, and some people (pro-lifers) may opt out of it, and their own morals will remain unscathed, while when it's illegal, the morals are being forced. No one seems to understand this... people act as if when it's legal, everyone MUST have an abortion.

    When everyone around someone is doing something they consider horribly evil, it upsets them. In fact, it would be ignorant for us not to be upset when other people violate our morals on right and wrong. In this case, I question whether society can possibly function if we start ignoring right and wrong. I'm pretty sure law itself is based on morals. Just imagine for a moment if we were cannibals. How different the law could have wound up.


    I dunno about that... ever been to Alabama? :P

    Pfffbt


    Why do you care so much about what others do? Whenever an abortion occurs, do you get tingly around the ears? How does a woman having an abortion affect your life in such a way that you demand stricter limits on it? Because they're acting against your morals? That's not much of a reason, if you ask me.

    Violating my definition of right and wrong? Seems like a valid reason to care to me. It's sort of murder as far as I'm personally concerned. So yeah. See, what amazes me is that despite the fact it was previously an accepted fact that a baby is created at conception, people walk in with no evidence and somehow manage to win a debate with nothing but reason and brute force. That to me is wrong, especially considering if we're wrong, you can say hello to the single biggest death toll of any event ever.




    Ignorance?

    Murder is Murder. Are the circumstances different? Yes. Its a convicted criminal and a mass of not fully formed bodily tissues that eventually will become a baby. But the end result is the same. Killing is killing, no matter what the moral justification (or lack therof) is. Logically, one cannot be pro-Death Penalty and pro-life. Note the paradox.

    I am Pro-Choice. What a woman does concerning her body and with her life is none of my business, and it would be ill-advised to force my personal beliefs concering abortion on her. I'm not fuly aware of her situation, I don't know her or what it's like to be in her situation. I may not like abortion, but the service needs to be available to the people who need it.

    And Roe V. Wade is the way the law should be. And the law will most likely stay that way.

    You lack evidence or reason. Do you realize that if you're wrong you are responsible for the biggest death toll of any particular event ever? All because you want to walk around running your mouth about a baby being a mass of tissues against all reason and logic? This to me seems like a perfectly legitimate reason to lose faith in humanity.

    Reality check. Just because you heard someone say it, doesn't mean they're right. They had no proof, you have no proof. The fact you're willing to ignore this is basically "why we can't have nice things".



    Yes, it does. Incest increases the risk for genetic disorders being present in the incestuous relationships' children. Look at the case of Patrick and Susan Stübing for one example, siblings who lived totally seperate lives, then met and got married, and had 4 children. All of those children were born with severe developmental disorders, two have Autism and they all have varying levels of mental retardation as a result. Incest increases the risk for genetic problems, that's a fact.


    Well excuse me, Doctor.

    correlation =/= causation.

    The above is quite possibly luck and not evidence at all.

    And the laws governing abortion are far from "extremist pro choice" Note the limitations placed on abortions after a certain Trimester is over/starting. The law allows for abortions, yet limits them at the same time, and that's why Roe V. Wade has stood for 30+ years.

    They're still way too pro choice.


    Um, apparently you don't know anything about genetics either.

    When a brother and sister have a kid, there is a very high probability of genetic mutation which can lead to thousands of disfiguring and even deadly diseases. It has nothing to do with what traits they have. It has everything to do that they are brother and sister.

    So I guess it's okay to potentially torture a baby for it's entire life to come (even though that life may be just a few years) but not okay to kill it.

    That is just..flawless reasoning.

    Ironic. You say he doesn't know anything about genetics but then go off on a nonsense rant about the family relation mattering. That's a moral perspective, not a scientific perspective. See, in reality it's a genetic thing and is not caused by the actual relation. Two completely "unrelated" people can have conflicting Genes that make them a very bad couple, genetically.

    Furthermore, scientific study shows that being related has caused, at max, a 2% higher chance of having a "non perfect" child.

    That's hardly significant enough to be used as evidence in saying that one causes the other.

    A fetus, while inside of the mother, fits the definition of a parasite perfectly. However, at the same time, after birth, it's still a bit of a parasite

    It actually doesn't. There are huge holes and flaws that make such a statement a fallacy. Here, let me list some.

    1) A parasite is alive. To call it a parasite one must acknowledge a fetus is a living thing. Which only supports the flaw that a parasite must be of a different species than it's host by definition. Either way you look at it, this is a flaw.

    2) Just because one organism is dependent on another does not make it a parasitic. To be parasitic, it would have to be metabolically dependent on the host. Believe it or not, Fetuses are metabolically independent.

    3) Parasites are specifically invading organisms. They come to a host from an outside source. Babies obviously do not.

    4) Parasites are defined as generally being harmful. Babies are not necessarily harmful.

    5) Parasites are known to cause the body to react defensively. This is not the case with babies, which are deliberately grown by the body to be immune to such things.

    6) Parasites are known to remain with their hosts as long as they live when possible.

    "A parasite is an organism that associates with the host in a negative, unhealthy and nonessential (nonessential to the host) manner which will often damage the host and detrimentally affect the procreative capacity of the host (and species).

    A human embryo or fetus is a human being that associates with the mother in a positive, healthful essential manner necessary for the procreation of the species."


    So really that's a misnomer, and one that quite honestly upsets/offends me to be honest. Given, I am forced to take this entire topic with a mountain-load of salt.

    On a separate note, perhaps we could both agree that it is incredibly important that we get an answer to whether a fetus is life? My issue is that we changed the laws before we knew.
     
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    Yuoaman

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  • So than why do we care what murderers do? What they do doesn't effect me directly? Scott Peterson acted against my morals when he killed his wife and his unborn child. Should I view what he did for the moral relativism point-of-view? Maybe murder is acceptable in his culture, so who am I to say he was wrong?

    I'm all for Libertarianism, but I use the harm principle to determine where I draw the line. Since I believe that a fetus is a human being, abortion is murder in my view.

    That being said, exceptions for the life of the mother and rape, and parental notification laws for underage abortion seekers are reasonable concessions to the pro-choice crowd from us pro-lifers.

    But a murderer can affect you directly. Someone who has affected something in the world can do so again. Just because the first murder had nothing to do with you doesn't mean possible future ones won't.

    Um, apparently you don't know anything about genetics either.

    When a brother and sister have a kid, there is a very high probability of genetic mutation which can lead to thousands of disfiguring and even deadly diseases. It has nothing to do with what traits they have. It has everything to do that they are brother and sister.

    So I guess it's okay to potentially torture a baby for it's entire life to come (even though that life may be just a few years) but not okay to kill it.

    That is just..flawless reasoning.

    ...You haven't taken many biology classes I take it? The royal families of Europe have been breeding almost exclusively with each other for centuries and have only recently been 'expanding'. In all this time there were very few horrible mutations - excepting hemophilia of course.

    It has everything to do with the traits carried by the parents and the mutations that could result. Just because they have similar chromosomes doesn't necessarily mean they'll match up in a harmful way.

    Think about it, the entire species descends from a handful of individuals. And even as recently as 70,000 years ago the Toba supereruption reduced the human population to only about 1000 breeding pairs, and we turned out fine, didn't we?

    Sorry to be contrary, but that's entirely untrue. Putting aside the straw man you created, there is no statistically significant evidence presented in any properly conducted studies (key word is properly, the oft-cited one from a few decades ago has been proven to be poorly conducted) to suggest that children of incest have any more genetic mutations than other children.

    And I also think you don't understand how genetics works. Nearly every person on the face of the planet has some bit of mutation; it's a natural part of the genetic process, and it's what the theory of evolution is based on. Every new generation has a little more variation because of some differences in the genetic code of the new generation. Sometimes these are harmful, and when this happens those with the harmful defects generally don't live to pass on those genes. It's kind of like trial and error on a planetary scale. However, sometimes such mutations are helpful. The sickle-cell gene became so prevalent because, though it produced other large problems, it provided a resistance to malaria, a highly common disease in the area of Africa it was most common in. Still, the vast majority of genetic mutation doesn't produce any discernible differences. Much of the genetic code is stuff that's never even used, so the mutated genes don't really do much; other times, the change is slight or something that is already common.

    On a genetic level, though, there's no reason why incest would produce any different results genetically speaking than any other combination. In fact, incest is quite common in animal populations; if it was something that harmful to the offspring, it would have died off long ago.

    Again, though, it's not something I support; merely something I tolerate. I think it's best to try to think about things from an objective standpoint even if I personally find such things absolutely disgusting.

    Bingo.

    Wow... I am kind of disgusted at the 'Pro incest' in this thread... lets hope you guys don't have siblings and breed with them...

    Anyway, the law is ridiculous, you either allow abortions or you call it murder... why not get rid of one law before making the other one.

    Also I am pro Abortion IF you've been raped or your child will be born with disabilities.

    I am anti abortion if you've had a child because you were stupid and didn't wear protection.

    Just because someone supports a person's right to live their life the way they want does not mean that they themselves practice a similar way of life. So a fifteen year old girl with no place to live, no way to support herself, and no one to help should be made to carry a child to term and be expected to raise a productive member of society?
     

    FreakyLocz14

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    I doubt I'm helping my case when I say that I believe the only thing close to an absolute moral is murder. I agree with you on the harm thing... as long as what you do doesn't bring harm to another life, I'm all for it. But...

    It all truly does boil down to the notion of "is a fetus a life?". I think we all can agree that the answer is: "I don't know". A fetus, while inside of the mother, fits the definition of a parasite perfectly. However, at the same time, after birth, it's still a bit of a parasite, because it wouldn't really survive without the mother. It's a sticky subject, and I won't deny that.

    But, in a slight altercation of your words, I'll say that I do not believe a fetus is a life, therefor abortion is in no way murder.

    This also gets into the idea of "is human life more important than other life?" For example, every time you wash your hands, you're killing bacteria. Why are there no laws against that? Theoretically, by Darwinism, any single-cell organism has the ability to evolve into a higher organism, so why isn't it considered murder?

    Because murder is the unlawful killing of a human being. Killing non-human organisms is not murder from a common law legal perspective.
     

    o0PinkSquid0o

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  • I'm not sure anyone here is "pro-incest," possibly because I don't know what you mean by that. Those who spoke up were simply being tolerant of a lifestyle choice.

    A couple of people said they were ok with it, I think on the second page and I felt a little creeped out by that, just felt like mentioning it.

    those who become pregnant due to irresponsibility probably aren't fit to take on the responsibilities of raising a child, and im not sure i like the idea of a child being raised by anyone so careless and neglectful. the way i see it, the embryo doesn't even have a central nervous system let alone a will to live, and keeping the option unavailable to all is like trapping a woman in her own body. until the fetus is developed enough to survive outside the mothers womb, i don't consider abortion the killing of a human being...and until it's actually born i don't feel anyone has the right to tell a woman what she ought to do with her parasitic offspring.

    If they make a rule to let everyone have abortions if they needed, even those stupid enough to get preg by not wearing protection while having sex I'm not going to be pissed, I agree people should be able to do what they want if it isn't hurting anyone... I just think if you're stupid enough to sleep around and get preg and not be prepared for it then its not anyones fault but your own and I don't feel any sympathy for you (you = people in general)

    So a fifteen year old girl with no place to live, no way to support herself, and no one to help should be made to carry a child to term and be expected to raise a productive member of society?

    if a 15yr old is having unprotected sex gets preg and can't look after the baby, put it up for adoption.
    The baby can still be born and have a good life just with a different family. Why should this stupid 15 yr old be allowed to get away with her mistakes by killing off her child. I bet the 15 yr old wouldn't learn her lesson either. People are stupid that way...mostly.
     

    FreakyLocz14

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    A couple of people said they were ok with it, I think on the second page and I felt a little creeped out by that, just felt like mentioning it.



    If they make a rule to let everyone have abortions if they needed, even those stupid enough to get preg by not wearing protection while having sex I'm not going to be pissed, I agree people should be able to do what they want if it isn't hurting anyone... I just think if you're stupid enough to sleep around and get preg and not be prepared for it then its not anyones fault but your own and I don't feel any sympathy for you (you = people in general)



    if a 15yr old is having unprotected sex gets preg and can't look after the baby, put it up for adoption.
    The baby can still be born and have a good life just with a different family. Why should this stupid 15 yr old be allowed to get away with her mistakes by killing off her child. I bet the 15 yr old wouldn't learn her lesson either. People are stupid that way...mostly.

    Exactly. Carrying a baby to term =/= Having to keep it and raise it.

    But the point of this thread isn't a pro-life vs. pro-abortion debate.
     

    Yuoaman

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  • Carrying a child to term is a messy business. Why should a woman be made to carry the child to term even if she has no way of getting enough of the proper vitamins, or is drinking/smoking/all of that business? By saying she has to carry it to term you run the risk of possible impairments in the child.
     
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  • A couple of people said they were ok with it, I think on the second page and I felt a little creeped out by that, just felt like mentioning it.



    If they make a rule to let everyone have abortions if they needed, even those stupid enough to get preg by not wearing protection while having sex I'm not going to be pissed, I agree people should be able to do what they want if it isn't hurting anyone... I just think if you're stupid enough to sleep around and get preg and not be prepared for it then its not anyones fault but your own and I don't feel any sympathy for you (you = people in general)



    if a 15yr old is having unprotected sex gets preg and can't look after the baby, put it up for adoption.
    The baby can still be born and have a good life just with a different family. Why should this stupid 15 yr old be allowed to get away with her mistakes by killing off her child. I bet the 15 yr old wouldn't learn her lesson either. People are stupid that way...mostly.

    ...And Adoption/Foster Care is by no means a fool proof system/a good alternative either. Sometimes finding out that you were adopted really screws you up, or your foster family turns out to be hideous, and your life ends up sucking anyway. The baby "could" or "might" grow up to have a normal, happy life, but that's not always the case.
     

    o0PinkSquid0o

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  • ...And Adoption/Foster Care is by no means a fool proof system/a good alternative either. Sometimes finding out that you were adopted really screws you up, or your foster family turns out to be hideous, and your life ends up sucking anyway. The baby "could" or "might" grow up to have a normal, happy life, but that's not always the case.

    But you could say that about anything, the kid's biological parent could be someone rich and well off but that doesn't mean they'd be better off with that person if they turn out to be abusive or something, either way its a lucky draw.

    And I'd think if Abortion laws changed so that careless pregs can't be aborted they'd have to revamp the adoption process too to make it more suitable. Anyway this is all an idea and my opinion really, for all I know the kid would be worse off being born and put into foster sooo eh

    also haha i think I've taken this off topic :| sorry!
     

    twocows

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  • Something that came to mind as a result of the (in my opinion, unfounded) claim that "genetic defects are more common among inbred children" was "is abortion all right if the child has a genetic defect?" The argument is that it may be all right if it is to save a child from the suffering he or she will have to endure.

    As someone who considers himself "pro-choice," I feel the decision is ultimately up to the mother. However, I do not think that is a valid reason to consider an abortion. I seem to remember a documentary I was shown in junior high where they asked a person with a very painful and crippling genetic defect if they wish they had never been born. The person said that was ridiculous and that, despite it all, they were still happy to be alive. I think that says more than enough about the validity of such an argument. If even one person with a genetic disorder is happy to be alive, the choice of such a person to live should be left up to him or her. Still, I believe that if the mother disagrees, she should be allowed to make that decision until the third trimester (I am opposed to third trimester abortions in all cases aside from where another life is at risk). I don't feel that it's right to push my morals on someone else. I do, however, feel I am within my rights to try to convince such a person to change his or her mind.

    On another note, I'd also like to state that the idea that two people shouldn't be allowed to have a child because of a (potentially) increased chance of genetic defects seems, to me, akin to eugenics, something to which I am strongly opposed.
     

    da_absol

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  • Wow... I am kind of disgusted at the 'Pro incest' in this thread... lets hope you guys don't have siblings and breed with them...

    Anyway, the law is ridiculous, you either allow abortions or you call it murder... why not get rid of one law before making the other one.

    Also I am pro Abortion IF you've been raped or your child will be born with disabilities.

    I am anti abortion if you've had a child because you were stupid and didn't wear protection.

    So you think it's right to punish a child by his father's actions?

    Whether you like it or not, abortion is killing someone. Whether you consider it murder is another case.

    That's why so many women feel SO guilty after they get an abortion.

    I believe women can choose what they want, but i really think they should consider the child inside them first. Aborting their child is totally selfish.


    I have been raped by my brother countless times. Do you think if i got pregnant i should punish my baby? Do you think somehow the baby will be some ****/rapist?


    ....ill stop preaching...
     

    o0PinkSquid0o

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  • So you think it's right to punish a child by his father's actions?

    Whether you like it or not, abortion is killing someone. Whether you consider it murder is another case.

    That's why so many women feel SO guilty after they get an abortion.

    I believe women can choose what they want, but i really think they should consider the child inside them first. Aborting their child is totally selfish.


    I have been raped by my brother countless times. Do you think if i got pregnant i should punish my baby? Do you think somehow the baby will be some ****/rapist?


    ....ill stop preaching...

    Wow Chillout :S I never ever said you HAD to abort the baby if you were raped I think the person should have a choice to abort the baby if they wanted to... sorry you got raped but I don't get what thats got to do with people's choice on what they want to do with a baby they never even planned on having...

    If you wanna have your brothers baby after being raped then go for it... its sad you were raped but I don't really care what you do with the kid if you had one.
     

    Dawn

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  • If you wanna have your brothers baby after being raped then go for it... its sad you were raped but I don't really care what you do with the kid if you had one.

    Sometimes indifference is the worst possible side to take.

    Someone else's life is one of these cases.
     
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  • So you think it's right to punish a child by his father's actions?
    Do you think it's right to punish a woman by her husband's actions? It's a matter of choice, of course, but personally I find it more important to protect the mother than it is to protect a little bit of goo inside the mother's womb. Of course, if people want to keep the child that's their decision, that's the whole idea of pro-choice, but I still think the rights of the mother take preference over the rights of an unborn fetus. (Like I have said earlier, I don't support abortion after about the 20-week stage unless giving birth will potentially kill the mother).

    Whether you like it or not, abortion is killing someone. Whether you consider it murder is another case.
    No, abortion is either killing someone and therefore murder, or not killing someone and therefore not murder. It's debatable whether a fetus is included under "someone" (ie. a human being). You can't kill something that isn't "someone" and call it murder (in a legal sense anyway).

    I have been raped by my brother countless times. Do you think if i got pregnant i should punish my baby? Do you think somehow the baby will be some ****/rapist?
    Okay I'm going to assume you're telling the truth here and not trolling or something - having a rapist as a father will not automatically make the baby a rapist as well, in fact the baby could grow up and live a happy life. It's up to you, if you feel like you should go through with having a baby then do it, that's your choice, but personally I think having the option of "punishing" a bunch of cells is a lot better than women being forced to punish themselves.
     
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