Pregnant on death row - Try and help if you can.?

Question

Tell me what do you think about this ,

Pregnant on death row
Here's a stand-out headline for an interesting case: "Death-row prisoner gets pregnant in solitary." Yup, you read that right: Reuters reported this week that a Vietnamese death-row inmate, held in solitary confinement for almost a year, has been found to be 11 weeks pregnant. Convicted heroin trafficker Nguyen Thi Oanh is now seeking a pardon from her death sentence by firing squad. (Reuters notes that in Vietnam, trafficking more than 600 grams of heroin is punishable by death or with a life sentence; Oanh was in possession of a billion dong, or $63,000, worth of the drug.)

Most immediately, authorities are dealing with the mystery of how she became pregnant, since her husband is serving jail time in another province. Two guards have been detained in a police investigation, for allegedly "abusing their power" by allowing another inmate to stay in Oanh's cell.

Another question, however, may throw pro-choice activists: What happens to Oanh's sentence? It is against Vietnamese law to carry out a death sentence on a pregnant woman or women with a child under the age of three, so her pregnancy may save her life. That's good news for Oanh, but it raises some tricky questions: What is the justification for pardoning a pregnant woman on death row? If Oanh is pardoned solely because she is pregnant, is the Vietnamese court system protecting the right of an 11-week-old fetus to live?

In the United States, the Unborn Victims of Violence Act recognizes crimes against a pregnant mother to be crimes against her child. We've stopped short, however, of extending acts of justice against the mother to her fetus. The U.S. hasn't faced a case like Oanh's, perhaps because only a small percentage of inmates on death row are women. But some states have provisions in place for pregnant inmates: South Dakota makes exceptions in administering the death penalty to pregnant women, delaying an execution past the prescribed 90 days if an inmate is pregnant or deemed mentally unfit.

I'm against all executions, so my vote goes against the death penalty in Oanh's case -- but not on the basis of her pregnancy. After all, surely some of the men who receive the death penalty have recently fathered children. Is it right for women -- even criminal women -- to be spared on the basis that they happen to be the gender lucky enough to get the womb? I'm torn. Faithful readers, weigh in.

Some of you people are so cruel it is almost unbelievable that women could be so heartless to another women NO matter what she did, I pray non of you ever do anything that would but you in such a situation

Answer 1

The death penalty is a waste to begin with. One deserves to just suffer in prison. In my opinion a life is a life. A fetus is a human life. She should be pardoned because the childs going to grow up knowing that his/her mom was executed and they never got the chance to meet, etc. That can cause emotional issues etc. I do feel for men who have kids on the way or kids in general and are on death row. thats tough and it is unfair.

Answer 2

Here's what I feel.

Oanh must state whether or not she wishes abortion or adoption. If she wishes the abortion, she should receive the abortion and then be executed (I actually do not believe in the death penalty either, I am going by what "should" happen if the death penalty exists and cannot be changed). If she wishes birth, they should try to identify the father. If the father will not be taking full custody of the child at birth or cannot be identified, or will be subject to criminal prosecution himself for rape or whatever, the mother will be expected to identify a relative for the child's care or release the child for stranger adoption. After birth, as soon as the doctors give the go ahead, she'll be executed and the child placed.

The reason for all of this is that whatever life living within a woman's body is her decision (since it's her body). No one else may make a decision for her, including a state execution board. If the mother decides that the child is to be born, then that child will be born. If a father should not be able to prevent it, neither should an execution board.

She is not to be spared. The child should be spared if the mother wishes it.

Answer 3

Decided to wait and then answer.

First of all, it is another country with thier own laws and society. Whether or not, you like thier laws, they are the law of the land over there. Arguments that it is right or wrong because how you feel about drug dealing or the death penalty is moot.

The important question is can we use being a parent as an excuse for reduction of punishment.

As pointed out, it becomes hypocritical to have one set of rules for fathers and a second set for mothers. I believe the term used for that is "sexist".

If the child was already born and the sentence was 20 years in prison, the child would be a ward of the state and the mother would be in jail. Nobdy would be concerned.

As pointed out above, the child is innocent and has not committed a crime. As such ( and by the laws of that country), the child should be born, reared until three and then turned over to the state and the rest of the punishment carried out in accordance with thier laws.

Answer 4

Interesting question. Do they allow conjugal visits to someone on death row? Because if they don't, the wheels of justice turn so slowly that it would be impossible for a pregnant women to still be pregnant by the time the execution was scheduled. (Actually, by the time the appeals are ran out, her child would most likely be graduating high school). But otherwise, from a practical stand point, the political correct thing for a Governor to do would be to use his powers of clemency and delay the execution until after the baby was born.

Answer 5

I support the death penalty but I agree with your point about the punishment of an innocent (the baby). As for death for drugs; asia has always had harsh, very harsh penalties for drug trafficing. DNA testing should pinpoint the father but was his (or her) motivation love, just sex, or avoidance of the death penalty. In any event pregnant women should be allowed to deliver but that doesn't apply to men. It is not a societal thing, it is a physical thing. Men can help conceive every day of the week. Executing a man will not physically damage an unborn child.

Answer 6

You should know that this could not happen in the US. Neither federal or state law allows execution of pregnant women. The US has signed and ratified the ICCPR (International Covenant on Civil and Political Rights), which thus has the force of law in this country, and the ICCPR disallows execution of pregnant women. US reservations to the treaty allow the death penalty but not for pregnant women.
http://www.legislationline.org/?tid=144&jid=55&less=false

Answer 7

First of all, I don't know if I agree that she should be on death row for heroin possession. I'm against drugs but that seems awfully harsh to begin with. I don't believe she needs to be pardoned though, for any reason. I think she should give birth, let the child be adopted and she should continue her sentence, but not death.

Answer 8

I honestly believe that this woman should be given a temporarily pardon based on the fact that she is pregnant.
After she gives birth, the child should be put up for adoption and her sentence should be carried out,But, there is another focus on this issue!
The gaurds who evidentally got this woman pregnant should also face the repercussions of thier actions and face criminal prosecution for the rape of this woman who was and is still on death row.

Answer 9

A strict interpretation of the statutory language that you cited takes the morality out it if that is what you are struggling with; "it is against Vietnamese law to carry out a death sentence on a pregnant woman or women with a child under the age of three."
No need to muddy up the waters. A strict reading of the language does not "pardon" her. It does not eliminate her death sentence, it merely delays it-until her child is three. No new law is being proffered, no debate needs to ensue; the vietnamese are just following their own statutory law.

Answer 10

I say they should keep her in confinement w/ a doctor close. Then when the baby is born, give it to a relative. Then pay for her crimes herself, with no exceptions!It may seem heartless, but what if she got pregnant on purpose, to avoid the sentence? Tough question but I stick with what I said.