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To: BlackElk
First of all, in my profile I only said that abortionists (abortion doctors, not the women) should be executed should you believe that murderers should be executed. If you don't believe either should be executed, you are not logically inconsistent, but the polite way to describe that line of thought deals with a massive underestimation of the deterrence effect of the death penalty. People who seek abortions should be punished as an accomplice to murder should be. The punishment for accomplices of murder can vary wildly: willing and sane accomplices get extremely harsh sentences, manipulated and unwilling accomplices usually get much fewer penalties or perhaps none at all. Nowhere did I say that women who get abortions should be executed; I'm going to assume that your statement was hasty instead of a malicious or grossly incompetent one, given that you have so far made an honest attempt to engage.

Let me suggest that there is no available path to that goal that will not lead to jury nullification on a massive scale.

This is an arbitrary assumption which argues that the American population, by huge numbers, favors prosecuting doctors AND disfavors prosecuting abortion seekers. Firstly, if jury nullification on a wide scale is really such a massive hurdle, then we may as well not even bother to prosecute abortion doctors. I don't think it's unreasonable to suggest that the percentage of Americans strongly against the prosecution of doctors is at least 30% (given that "pro-choice" positions have consistently polled at least that much for the last 40 years), and that's certainly enough to cause jury nullification on a wide scale. We are in agreement that doctors should be prosecuted, so we should also be in agreement that the possibility of jury nullification is not enough to dissuade us from prosecuting these doctors.

Your assumption that Americans are less likely to favor prosecution of women who seek abortions than doctors is almost certainly correct; however, we must again return to the concept of deterrence to see why prosecuting abortion seekers is also necessary. It is rather easy for doctors to operate underground whilst leaving few clues to their existence (the destroyed child being the only clue); giving abortions is a lucrative field, and it would still be an attractive career field to many given the demand for the operation. A woman who gets an abortion, however, is going to leave many clues. One could attempt to argue that these women should only be prosecuted if they refuse to give out information about the doctor's whereabouts, but the doctors would likely find a way to relocate before they escape prosecution. Thus, neither the doctor nor the woman are deterred. Threaten the woman with punishment for engaging in the action, however, and fewer will take the risk of getting an abortion in the first place.

Prosecuting women is a tactical necessity if we wish to eliminate abortion. Oh, and the punishments for the woman instead apply to the person who forced her into an abortion, should the abortion not be of the woman's will.

41 posted on 03/30/2016 8:38:47 PM PDT by Objective Scrutator (All liberals are criminals, and all criminals are liberals)
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To: Objective Scrutator
Well, we are in agreement as to prosecuting the doctors and that will ordinarily require the testimony of the woman. Make her responsible under law for her involvement but normally only to give her immunity from prosecution to force her testimony against the doctor. She needs only to testify that she was pregnant, obtained an abortion from Dr. Dismemberment and then was no longer pregnant. She can testify as to lies told to her to induce her to have the abortion (blob of tissue, products of conception, choice, etc.), and as to how much she paid.

A woman who testifies against the abortionist need not be punished. I represented 1130 people generally charged with felonies for entering abortion mills, de-sterilizing everything in the killing rooms, breaking raw eggs into the suction machines and putting such a mill out of business for weeks. 100 were acquitted or had their charges dismissed. Most of the rest got the non-criminal legal equivalent of a parking ticket and most refused to pay. In choosing juries in liberal Connecticut for such cases, one gets a feel for the fact that jurors were far more sympathetic to the women than to the killers.

As to executions, I have been on both sides of the death penalty issue. The Catholic Church to which I belong tends to oppose the death penalty even for typical murderers. The theory is apparently that, allowed to live a normal life span, but safely locked down in a secure prison and in solitary if necessary, the murderer will have a maximum opportunity to repent and be saved. Stranger things have happened.

I agreed for a while until an horrendous incident in Brooklyn, NY, came to my attention on a NY TV News broadcast. In what was essentially a struggle between Dominican street gangs in that location, one group showed up by surprise at a boarded up storefront where a rival drug dealer resided. They broke in expecting to kill the rival but found only the women and children of the rival dealers, 14 in all, whom they machine-gunned to death in their frustration. The last victim killed was a six month old infant who had fallen out of his murdered mother's lap into the blood and gore and broken glass on the floor. That led to a change in my attitude to one where the death penalty should be rare but is required for murders with special extras. The six month old was unlikely to be able to testify as to what and whom he witnessed but they machine-gunned him to death anyhow. If government will not execute such monsters, government has no excuse to exist.

Many women in the pro-life movement have had abortions of their own and have been arrested and jailed trying to shut the mills. There was one woman who saw my name in the newspaper and got her hands on my unlisted telephone number and would call to tell me of her guilt over her abortion and that she intended to commit suicide. She would not meet with me in person and at some point her phone calls stopped. She did give me plenty of details as to that abortion mill's lies and general method of operation. I did not wat her to suicide much less be executed.

I am going to assume that you have no background or experience as a criminal defense lawyer or prosecutor. Consistent with the truth, you construct a case based on facts and law and then marshal the evidence to prove your case or at least to leave reasonable doubt among the jurors if you are defending in which you also try to discredit and disprove the state's case. You strategize accordingly. That strategy necessarily involves (in prosecuting the abortionist) keeping your case focused on that goal. You do not let the killer ride on the emotional appeal of the woman. You use all practical means to deter abortion. You use prosecutorial discretion to take testimony from the woman under a grant of immunity from prosecution and, under such a grant, you can force her to testify or spend life in prison on the installment plan for contempt of court.

I assure you that I was not being malicious or grossly incompetent as I have a track record of successful defense of pro-life "Rescuers." If I was too hasty in reviewing your profile and misjudged you you have my apology. I may deliver a more formal one when I have reviewed your profile again which, the hour being late and my health not being what it once was and needing to be up early for medical treatment and dialysis, I cannot do tonight.

We apparently agree on goals and differ on methods and strategy.

God bless you and yours!

52 posted on 03/30/2016 9:24:40 PM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Rack 'em Danno!)
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To: Objective Scrutator
I went back to your profile page anyway despite the hour. You are right and I was wrong. You did not call for the women to be executed. I read sloppily and I apologize for my wrong conclusion as to your position. I am always, happy, BTW, to be corrected because otherwise my sloppiness would deepen and involve me in more rather than fewer injustices.

I still do not need the executions even of actual abortionists. Dr Bernard Nathanson was responsible for 250,000 abortions in NYC and had been a Board member of NARAL. For various good and sufficient reasons, he turned against abortion when he was still an atheist or agnostic, sold his chain of abortion mills (morally questionable but someone would have just opened new mills in the old places) and used the money to attack abortion through the Bernadele Foundation. He was baptized a Christian and, IIIRC, became a Catholic before he died some years later of cancer. Likewise Norma McCorvey (the Jane Roe of Roe vs. Wade) and Sarah Scorvino (the Doe of Doe vs. Bolton) and many abortionists and Planned Barrenhood personnel and many post-abortive women and many men responsible for those abortions. If any find their way to salvation as prodigal sons or daughters, we should be joyful since that is what at least we Catholics believe was God's intent when He created them. Who am I to disagree with God?

62 posted on 03/30/2016 10:11:33 PM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Rack 'em Danno!)
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