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To: markomalley

>>Attempted murder of an unborn child carries a maximum penalty of 20 years in prison.<<

Ok, there seems to be some sort of disconnect here. How can a fetus not be a viable human but someone can still be charged with attempted murder for trying to kill it? There as got to some lawyer somewhere who can use cases like this against the abortionists.


8 posted on 12/18/2010 10:57:16 AM PST by CynicalBear
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To: CynicalBear
An interesting little tidbit:
In areas other than criminal abortion, the law has been reluctant to endorse any theory that life, as we recognize it, begins before live birth or to accord legal rights to the unborn except in narrowly defined situations and except when the rights are contingent upon live birth. For example, the traditional rule of tort law denied recovery for prenatal injuries even though the child was born alive. 63 That rule has been changed in almost every jurisdiction. In most States, recovery is said to be permitted only if the fetus was viable, or at least quick, when the injuries were sustained, though few [410 U.S. 113, 162] courts have squarely so held. 64 In a recent development, generally opposed by the commentators, some States permit the parents of a stillborn child to maintain an action for wrongful death because of prenatal injuries. 65 Such an action, however, would appear to be one to vindicate the parents' interest and is thus consistent with the view that the fetus, at most, represents only the potentiality of life. Similarly, unborn children have been recognized as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem. 66 Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the whole sense.

The above, from the text of the Roe v Wade decision, indicates that there is no consistent definition of when life begins.

The fetal murder charges that are popping up in various states will change that. After all, the definition of murder is, The unlawful killing of another human being without justification or excuse.

9 posted on 12/18/2010 11:10:52 AM PST by markomalley (Extra Ecclesiam nulla salus)
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