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To: Mark Felton
There will be a real contradiction if the death penalty is applied. The Supreme Court has implied in its capital-punishment cases that capital punishment is only constitutional for murder. If killing a fetus is not killing a human being, it would be unconstitutional in this case. But the Supreme Court has held in its abortion opinions that a fetus is not a person for legal purposes.
14 posted on 04/20/2003 7:26:27 AM PDT by aristeides
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To: aristeides
There will be a real contradiction if the death penalty is applied. The Supreme Court has implied in its capital-punishment cases that capital punishment is only constitutional for murder. If killing a fetus is not killing a human being, it would be unconstitutional in this case. But the Supreme Court has held in its abortion opinions that a fetus is not a person for legal purposes.

Uh What happened to Laci, does she count?

51 posted on 04/20/2003 7:52:21 AM PDT by rolling_stone
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To: aristeides
There will be a real contradiction if the death penalty is applied. The Supreme Court has implied in its capital-punishment cases that capital punishment is only constitutional for murder. If killing a fetus is not killing a human being, it would be unconstitutional in this case. But the Supreme Court has held in its abortion opinions that a fetus is not a person for legal purposes.

Question: If an assailant tries to rob an expecting mother in her 8th month of pregnancy, and in the process punches the woman in the stomach and the baby dies, would the assailant be charged with murder? What about a doctor performing a C-Section (Extreme example used to get clarity) accidently slices the throat of the baby when making the incision, is the doctor held accountable for the death?

166 posted on 04/20/2003 9:58:55 AM PDT by Go Gordon
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To: aristeides
Perhaps there is a reason God has garnered our interest on this mother and her baby? I'm thinking along the same lines as the "quagmire" this conviction if it happens will put the supreme court in with abortion laws. Perhaps Laci and Connor will not have died in vain and something tremendous is about to happen out of something so absolutely unredeemable?
248 posted on 04/20/2003 3:34:06 PM PDT by glory (This soccer mom is no threat to your freedom.)
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