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Ruling: Pregneant Moms can harm babies at will (vomit)
WND.com ^ | 11-30-05 | Joe Kovacs

Posted on 12/01/2005 9:38:32 AM PST by FeeinTennessee

LAW OF THE LAND Ruling: Pregnant moms can harm babies at will Court says unborn children not 'human,' mothers can't be prosecuted for conduct

-------------------------------------------------------------------------------- Posted: November 30, 2005 11:14 p.m. Eastern

By Joe Kovacs © 2005 WorldNetDaily.com

The Supreme Court of Hawaii has ruled that unborn children are not "human beings," and therefore women cannot be prosecuted for causing the death of babies by harmful behavior during their pregancies.

The unanimous decision overturns the manslaughter conviction of 32-year-old Tayshea Aiwohi, who was found guilty in connection with the death of her newborn son by smoking crystal methamphetamine shortly before his birth.

"I'm extremely happy and grateful," said Aiwohi. "I believe [the case] changed me into a better person and I just hope to share that with others."

"My son can finally lay to rest," her husband, Kimo Aiwohi, told reporters. "And I'm very happy for my wife."

Tayshea gave birth to her son, Treyson, July 15, 2001, but the boy perished within two days with high levels of methamphetamine and amphetamine in his system, according to the local coroner.

The woman allegedly admitted to using the drugs for three days before the birth and took a "hit" on the morning her son was delivered.

In their ruling, the justices cited statutes noting a crime needed to be committed against "a human being." They declared since Treyson was not a "person" when Tayshea was smoking the drugs, she could not be prosecuted for harming the infant in her womb.

"The proscribed conduct must have been committed at a time when Treyson 'qualified' as a 'person,' defined by the Hawaii Penal Code as 'a human being who has been born and is alive,'" they wrote.

"It is so insane," Nancy Heisser of Grants Pass, Ore., told WorldNetDaily. "A little baby died, and the mother walks away scot-free. This is a travesty against this little one."

Beyond this specific case, some are worried about the decision's impact in the future.

"If something happens to any fetus under any circumstance, by [this] ruling, there could be no prosecution in any circumstance," Republican State Sen. Sam Slom told the Honolulu Star-Bulletin.

Rep. Sylvia Luke, D-Honolulu

But House Judiciary Chairwoman Sylvia Luke, a Democrat, agrees with the decision.

"At least from the Judiciary Committee's standpoint, we don't have any interest in changing the current law to allow for such prosecution. I think that runs into a very dangerous ground because it can be expanded to not just drugs, but the state infringing on the woman's life when the woman is pregnant," Luke told the paper. "Are we now going to say that pregnant woman can't smoke or [dictate] how much calcium a person would take?"

Interestingly, while pregnant mothers are shielded from prosecution for their own detrimental behavior, others are not.

Under the new, federal Unborn Victims of Violence Act, people other than the mother who cause the death of an unborn child can face prosecution for the baby's demise.

Laci Peterson

Also known as "Laci and Conner's Law," the measure was enacted in the wake of the murder of Laci Peterson of Modesto, Calif., and her unborn son. Laci's husband, Scott Peterson, was convicted of murder and is currently on death row.

In June, Gerardo Flores of Texas was convicted of capital murder and sentenced to life in prison after kicking his pregnant girlfriend repeatedly in the stomach to cause her to lose the couple's twins. The girlfriend, Erica Basoria, did not want the babies to be born and allowed Flores to kick her, but she was not charged with any wrongdoing by the state of Texas.

Such a scenario worries John Long, executive director of the Hawaii Right to Life.

"If that had been a boyfriend or a husband pressuring [Tayshea] to take crack or alcohol ... that would damage the unborn child, the ruling would have been entirely different," he told the Star-Bulletin. "I think that's where we got to come to grips with some sort of an equitable standard that is right for all."

According to the Honolulu Advertiser, "no appeals court in the country has upheld a prosecution for the death of a baby based on the mother's conduct while pregnant."

--------------------------------------------------------------------------------


TOPICS: Culture/Society; Politics/Elections; US: Hawaii
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To: weegee
Have they determined when it IS a human being?

Isn't it odd that the medical definition of death is that moment the heart stops beating, but for some inexplicable reason, the existance of a beating heart is not proof of life??

21 posted on 12/01/2005 9:56:18 AM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
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To: FeeinTennessee
Warning...the pictures on the site are disturbing. But it should be shown, just how horrible abortion is. And we are doing this to our children!

Please don't use "we". I refuse to be included in the group of people who systematically kill their own children.

They are doing this to their children. I have kept all of mine very much alive.

22 posted on 12/01/2005 9:58:57 AM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
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To: weegee
Have they determined when it IS a human being?

According to the article, the Hawaii Penal Code defines a person as someone "who has been born and is alive". I don't know if there is a feticide statute in Hawaii.

23 posted on 12/01/2005 9:59:25 AM PST by LWalk18
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To: LWalk18

Is a premature delivery (removed by surgey) a birth?

Is this like the Cuban refugee status? If you are at sea, you do not get sanctuary but if your feet touch land, they do?


24 posted on 12/01/2005 10:04:45 AM PST by weegee (Christmas - the holiday that dare not speak its name.)
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To: FeeinTennessee

So, I guess this means, in Hawaii, that if someone stabs a pregnant mother and kills the unborn non human then they can't be tried for murder if the mother lives? Or does this ruling, as so many democrat rulings do, only apply to the mother, does the baby miraculously turn human again if someone other than the mother kills it?


25 posted on 12/01/2005 10:05:18 AM PST by calex59 (Seeing the light shouldn't make you blind...)
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To: TChris

Same with descriptions of people who are "brain dead". "Well they don't have a quality life". So a baby has brain activity and a beating heart and other functioning organs yet is not "alive".

All people on artificial life support systems aren't really alive either. They are not viable (for the time being).


26 posted on 12/01/2005 10:06:53 AM PST by weegee (Christmas - the holiday that dare not speak its name.)
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To: calex59
So, I guess this means, in Hawaii, that if someone stabs a pregnant mother and kills the unborn non human then they can't be tried for murder if the mother lives?

Without a feticide statute, no they cannot be tried for murder under Hawaii's definition of person.

27 posted on 12/01/2005 10:08:37 AM PST by LWalk18
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To: FeeinTennessee

How was the baby able to "die" two days later, if it was not "born" and "alive"?

What, then, was the cause of death? How did the illegal drugs happen to be in the baby's system?

I truly am trying to understand the logic; but it just is not there...


28 posted on 12/01/2005 10:09:16 AM PST by fightnback
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To: weegee
All people on artificial life support systems aren't really alive either. They are not viable (for the time being).

Crazy thought, isn't it?

Life with support, even dependence on that support, does not negate the existence of life. If it does, where shall we draw the line?

Are you really alive if you require anti-rejection medication to keep your heart transplant from failing? Are you really alive if you are on kidney dialysis, without which you would die? Is a paratrooper really alive when his life is dependent upon the nylon cords holding him to his chute?

There are enough anecdotal experiences from coma survivors about being far more aware than others ever dreamed, that one should be extremely careful about declaring a person to be "not really alive".

29 posted on 12/01/2005 10:18:06 AM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
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To: LWalk18

Not taking vitamins, drinking orange juice or going for prenatal visits is somewhat less likely to cause major problems for the unborn child than, oh, say, smoking methamphetamines (can cause brain damage due to decreased oxygen and death, among other things), shooting up heroin (brain damage or death), and use of LSD (low birth weight, poor muscular development. Nevermind what LEGAL drugs to to those children: tobacco use cuts the oxygen supply to the baby by 25%, stunts growth, and doubles the risk of SIDS, while alcohol causes fetal alcohol syndrome (developmental delays and behavior problems, as well as possible heart defects).
If the mother of an unborn child is going to to these things to the child BEFORE he or she is born, I find it unlikely that the mother will suddenly become a model parent afterwards.
Taking prenatal vitamins and seeing a doctor or midwife during pregnancy is a good idea, but not doing these things doesn't show the utter disrespect for the future of another human being that using drugs while pregnant does.
Mothers who take such drugs during their pregnancy should have their parental rights terminated, plain and simple.


30 posted on 12/01/2005 10:22:19 AM PST by PalestrinaGal0317 (We should invade their countries, kill their leaders, and convert them to Christianity-Ann Coulter)
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Comment #31 Removed by Moderator

To: Maceman

yep. Abortionists and slave owners view some people as property that can be bought, sold, traded, and killed whenever the "owner" pleases.


32 posted on 12/01/2005 10:22:44 AM PST by Mulch (tm)
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To: FeeinTennessee

>>>"My son can finally lay to rest," her husband, Kimo Aiwohi, told reporters. "And I'm very happy for my wife." >>>

Sick bastard.


33 posted on 12/01/2005 10:23:09 AM PST by sandbar
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To: weegee
The State of Hawaii has ruled that it is not a human being "yet".

Have they determined when it IS a human being?

Apparently, it is a human being if it is in a position to decide that those who can't protest the decision aren't.

34 posted on 12/01/2005 10:28:13 AM PST by Dunstan McShane
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To: Coleus; NYer; DirtyHarryY2K; cpforlife.org

Pro-life ping!


35 posted on 12/01/2005 10:30:30 AM PST by Pyro7480 (Sancte Joseph, terror daemonum, ora pro nobis!)
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To: FeeinTennessee
"The proscribed conduct must have been committed at a time when Treyson 'qualified' as a 'person,' defined by the Hawaii Penal Code as 'a human being who has been born and is alive,'" they wrote.

If this is what the law says, do we want the law changed or do we want judges to decide based upon their own feelings about what the law should say?

Aren't conservatives against judicial activism?

SD

36 posted on 12/01/2005 10:32:37 AM PST by SoothingDave
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To: TChris

Please don't use "we". I refuse to be included in the group of people who systematically kill their own children.

They are doing this to their children. I have kept all of mine very much alive.




I mentioned that in regards to our country as a whole. That's a whole generation that could have influenced the world in a positive way, and WE legalized this form of murder.


37 posted on 12/01/2005 10:34:17 AM PST by FeeinTennessee (http://hometown.aol.com/feereports/feepolitics.html)
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To: weegee
Have they determined when it IS a human being?

It just has to move about 12 to 18 inches or so, then it magically becomes a human. Nifty trick, 'eh?

38 posted on 12/01/2005 10:37:21 AM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
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To: FeeinTennessee
A little baby died, and the mother walks away scot-free.

I wouldn't bet on it. She hasn't met her maker yet!!!

39 posted on 12/01/2005 10:41:29 AM PST by bullseye1911 (If I have to explain it, you'd never understand!)
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To: LWalk18
So if a mother smokes, or is married to a smoker and stay with him while breathing it in secondhand, should the child be able to sue if they are underweight at birth? What is Mom doesn't drink enough orange juice,or she doesn't take her vitamins, or she doesn't make all her prenatal visits?

I dont think you can mandate that they active do something, like take vitamins or drink OJ. But you can passively prevent them from pursuing known harmful behavior.

40 posted on 12/01/2005 11:10:01 AM PST by zendari
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