If a killer was to kill a pregnant woman, and her fetus the killer is charged with two counts of murder. If this is the case why are abortionist not charged with the same crime? I mean does the law only apply to certain people? I dont get it!
2006-12-28 07:00:06 · 31 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Funny how the pro choice ppl get angry and give me thumbs down.
2006-12-28 07:09:54 · update #1
yeah, we are all trying to figure that one out. a murder is a murder as far as i am concerned.
joy, so a pregnant woman gets to committ murder and get away with it?
riiiight.
2006-12-28 07:02:32 · answer #1 · answered by Buk (Fey) 3 · 4⤊ 2⤋
Take Lacey Peterson, who was murdered by her husband, Scott, and she and her fetus dumped in the Bay. Yes, he was convicted of murder on two counts.
You ask an age old question, one that has many facets to the answer. Legally, it has to do with when a fetus becomes a 'person.' This is why the abortion debate is so hot in the first place. If a woman is two months pregnant, is the fetus already a person? If the answer is yes, what is the litmus? Can that fetus sustain life without the mother. Obviously, that answer is no. Does this mean that it is not a person? A circular debate.
If the fetus IS indeed a person, and a woman has an abortion, then I'd have to ask who is the murderer - the doctor or the woman, or both? We'd have a lot of young ladies going to prison for the rest of their lives, wouldn't we?
If the woman were raped, do we force her to have the child?
If the baby will be deformed, do we force it to live?
If the woman will die in childbirth, do we let her die to save the baby?
These are all questions that have been asked over and over and over. I guess the real answers are within the hearts of those that make the decision to have or not have the abortion, and their relationship with their God.
2006-12-28 07:19:35 · answer #2 · answered by SatinGun 2 · 1⤊ 0⤋
K.... I may be able to help a little with this question. Usually with an abortion, the life that is growing isn't considered a fetus yet, it's still considered a Zygot. Only after the first trimester is it really considered a fetus.
Now, if a woman is pregnant and chooses to end the life, it is her choice. She made the plans, went to the clinic/Doctor and had it done of her own free will. If she's murdered, it isn't her free will, her life was taken from her by an act of harm. In effect, that also kills her baby, which she more then probably wanted to be born. Since this is probably the case, the baby was also murdered the same as the mother. That means that the murderer DID kill 2 individual people.
Also, with abortion, it isn't done past the first trimester, unless there is a doctor that has no morals at all. Since it isn't considered a fetus yet, it isn't murder by state law. After the first trimester, the fetus is considered "alive".
Also, if the person that killed the woman knew that she was pregnant, as in the Mark Hacking case, then he did kill two people. He was aware of the other life, so he choose to take both lives.
I hope this helps answer this question.
2006-12-28 07:25:25 · answer #3 · answered by odd duck 6 · 0⤊ 3⤋
Example: Scott Peterson charged with two murder's. I watch Court TV alot since I am a news junkie and it actually depends on the State you live in. I know for sure that in California you will be convicted of two murders whether you knew the woman was pregnant or not (they would all say they didn't know if that was the case). Studies are showing that many men are killing their pregnant wives/gf's to get rid of the whole 18 year attachment to them or paying child support, etc. they think it's easier to kill them. How about all these couples that go on trips while the wife is pregnant and she disappears or is killed or falls off the boat at sea. Laws are crazy while your on a cruise. I've done a lot of reading on this because murder's happen all the time on cruise ships however the laws are way different when you in the ocean. just something to think about. Answer is yes! Two murders! '-)
2006-12-28 07:07:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That is open from state to state. More states are addding the unborn child act since Lacy Peterson was murdered so that killers can be charged with 2 counts but not all have it yet. The abortion thing is also open from state to state some allow abortions up to 28 weeks others limit them to 12 weeks. While I agree with you that it is irony in a way, abortion is legal because the mother which owns the unborn child is consenting, when your murdered obviously you didn't consent so its illegal. Abortions are performed by OB/Gyns not "abortionists" Doctors that specialize in female medical issues, its in their job description. I am a Respiratory Therapist, part of my job is to turn off the ventilator when a family decides to "let Go" In a sense that is killing that person because I am taking away the one this that give them life adn how are we do know that if they are given time they won't get better. I took a few medical ethics classes and its just something that we do because its what needs to be done. I have never nor will I ever turn off life support on a child! I have my limits and thats one. Ethically I can't live with that on my shoulders. Hope this helps
2006-12-28 07:12:59 · answer #5 · answered by Anonymous · 1⤊ 1⤋
It really depends on State laws on whether or not murder can be charged for the death of an unborn child. In the States that it is allowed, it can only be done after the third trimester when abortions are illegal anyhow. So the laws are not disjointed at all. I suspect you are just trying to enflame some people.
2006-12-28 07:18:52 · answer #6 · answered by strangedaze23 3 · 0⤊ 0⤋
The laws differ but in most places the charge would only be for the murder of the woman because a fetus does not have "human" rights until after birth and therefore not human. That is why abortionists are not charged with murder. Remember that the law and morality are two different things. An act may be legal but not moral and vice versa. For example, if a burglar breaks into your house, you can kill him in self defense and not be charged. However, if a burglar breaks into your house and you kill him after he leaves the building it would be murder. Frightening isn't it?
2006-12-28 07:09:57 · answer #7 · answered by Lynn K 5 · 0⤊ 2⤋
Hahaha you completely ignored your guy or woman element. What you may've stated is 'then why isn't abortion homicide', and that i might've stated a fetus isn't somewhat one or a guy or woman, and that besides the undeniable fact that what I stated is actual, that's murderous to smother a spark of means existence in a difficulty the place the mummy had no objective of aborting the fetus.
2016-10-28 13:42:56 · answer #8 · answered by ? 4 · 0⤊ 0⤋
I don't personally agree with this. If the woman wasn't planning on having an abortion then yes the person should be charged with two murders.
2006-12-28 08:19:25 · answer #9 · answered by kristin c 1 · 0⤊ 0⤋
Yes it can be concidered a double murder---we just had a case recently in MO about a drunk driver that killed the mother and the unborn child--he got sentenced for both deaths
2006-12-28 07:03:31 · answer #10 · answered by biznitchil 4 · 2⤊ 0⤋
Good question- I agree.... if a fetus is "alive" enough for a murderer, why isn't it "alive" enough for an abortionist?
BTW- I call myself "pro choice"... Choice is a great gift that even the unborn should be able to take advantage of.
2006-12-28 07:15:51 · answer #11 · answered by Yoda's Duck 6 · 2⤊ 1⤋