
Mikld
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I agree with you, but there is a double standard. Politicians will dance all around this one!
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dano
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Well said! That is a good question, im with you.
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pandabunny
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good question.
because sense the fetus is in the mother's womb, it is only the mother who can decide (within legal limitations) to abort it or not.
when a murderer decides to end the fetus' existance, it is not acceptable because the fetus is not within the murderer's body, so it is not technically the murderer's choice to end the fetus' life.
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wisemancumth
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No they cant. To a pro-abortions person it isn't a double homicide, but as previous questions I've asked prove they have no answer's
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military_wifey_and_proud_mommy
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Well honestly, I see it as a Double Standard, which our legal system tends to do at times. I would consider BOTH as Murder/Homicide.
To me Abortion is simply "Legal Murder".
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Ester
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I guess you could go from a few sides.
Reasons for abortion could include the mother/couple isn't ready to have a baby. The baby could grow up in an unsuitable home. I've even read a theory that about 20 years after abortion became legal, crime rates dropped because the women who were most likely to get abortions were also most likely to raise children in an unsuitable/violent home, which could cause the children to become violent. It was backed up with statistics but I don't have the book with me.
And I'm pretty sure there's a period after which abortion isn't possible, like a month before pregnancy.
When someone kills a pregnant women, they are killing the child as well because the women had chosen to have the child.
They're being punished for the possibility of a child.
Plus, they forced the death of the child; it wasn't consensual. If the mother is killed, she couldn't agree to have an abortion, so that's illegal.
If those make sense.
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Lori B
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Because at nine months the baby was viable and could have survived on it's own. It was not the mother making the decision for her body. You can not get an abortion if you are 9 months pregnant.
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me
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I am pro-choice and it is a double standard. And it is the law in some states but in some it is not.
However, historically, in order to murder someone, they had to be born. It has only been since Roe v. Wade that states actually made it a double murder when you kill a pregenant women. Those laws were passed to create the double standard. So folks like you could ask questions just like this. It was political.
Nor do those laws do much of anything. If you murder two people instead of one in one transaction your sentence is gererally server concurrently. So if the max sentence is 20 years. And you are found guilty you get two-20 year sentences which are served at the same time you don't 40 years. So it doesn't change the outcome. If there is a death penalty they don't inject you twice because you murdered two people.
The only time the law has any teeth is one intending to kill the mother you shoot her in the stomach, she lives, fetus doesn't now you have a murder and an attempted murder and murder typically gets you a longer sentence than attempt.
Nor do most pro-choicer particularily oppose this meaningiliess law that exists soley for the political purposes of the pro-life movement.
I believe that during the early stages of pregenancy a women shoud have the right to choose. But I don't have any sympathy for someone who would murder a preganant woman so your not going to see me protest when my senator of congessman votes for such a law.
So to answer your question the law exists to create the double standard.
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Ashes
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I think it all depends on how long the person has been preg. Also, when someone murders someone we want them to be punsihed as much as possible, so if you can make it 2 counts then its better then one to a lot of people. However, I have never heard of someone getting 2 counts of murder or anything like that when a women is only a few weeks preg. I think that abortion should be a choice but only to a certian point... like if its 5 weeks and under. I still think that horible, but i also think that our society does not have the support to raise any more children who are not wanted. Its all nice to say that every life is precious and whatever but adoption is expensive and most of the kids end up with severe problems from being in the system too long.
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mJc
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Sorry... there's no black and white answer for your question. I only know there was a time when women would pay "back alley doctors" to perform an illegal abortion' or they'd risk their own life by using a coat hanger in a desperate attempt to end their pregnancy. And then there were those who would go through the pregnancy in secret and just throw the baby away with the trash... and this doesn't cover the ones that were born and abused. On the other hand, when a woman wants her baby she'll do anything to keep it. And I'd imagine a woman in her ninth month of pregnancy wanted her baby and neither deserved to end up dead and rotting in a rolled up rug.
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Gen. Stiggo
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First of all, this is not true in all jurisdictions. However, the main reason why the laws exist where they do is fairly transparent attempts to lay the groundwork for weakening the right to choose. Once it becomes established in law that the fetus can, in some circumstances, be granted rights as a person, the next step will be to say that abortion is, by extension, illegal.
If you doubt this, tell me how many of these states allow wrongful death suits for miscarriages? How many of them grant the right to drink a the age of 20 years, 3 months? The answer is none, as the point of the laws isn't really to say that fetuses are human, just that a woman's choice isn't really her's.
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rssr27
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From what I have led to believe, it all depends on the age of the fetus as to the determination of "murder", and this is also one of the reasons for getting the abortion early in the pregnancy.
If you check with different laws from different states, the charge of murder of a fetus will depend on the age of same, and not simply on the fact the girl or lady was pregnant at the time of the crime.
I am not taking sides on the issue of abortion, as I'm not a woman, and I cannot see where any man alive, especially those law-making goons in Washington have any legal right to dictate the laws on same. This decision should fall on the shoulders of the female and her partner or husband, and not left up the the politicians or her neighbors.
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Stephen K
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Murder is usually not of your own choosing. Perhaps that woman wanted the child.
When it is an informed consent, it takes it out of that realm, but I see the gist of your question.
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lillian_ivy
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The fetus is not full term when an abortion is performed. It can not live outside of its mothers womb. When Ms. Davis was murdered her baby was at the stage that it could live outside of the womb and survive on its own..not so with the aborted fetus's.
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colorguy
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It's pretty simple...abortion is legal...murder is not. If you abort a fetus it is not murder by the law's standards. But if someone else kills the mother and unborn child, it falls under the murder category, and since there were 2 lives taken, it's a double murder.
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Steve C
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Abortion is not legal once the fetus can be sustained outside the womb, except in cases of incest and rape. A person who murders a pregnant woman can only be charged with a double murder if it would have been illegal to abort the fetus due to its stage of development.
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william f
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my opinion is that it depends when the pregnancy is terminated. your question raises a good point. i am pro choice but do not agree with late term abortions. where the line is drawn I'm not sure myself.
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dasupr
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My understanding of the law as it is now...and I'm sure someone will correct me if I'm wrong :o)
Fetus' are not considered "viable" able to live outside the mother's womb, until they are at least 20-25 weeks old. If someone killed the mother prior to the baby being viable, I don't believe it is considered murdering the baby. However, if the baby could live on it's own, I believe it is considered murder. As to why abortions might be allowed after 25 weeks, I think it's only if the mother's life is in imminent danger if the pregnancy is continued. That has been controversial as well. Many lawmakers believe late term abortions should be outlawed regardless of the mother's condition, while others believe the mother who is already living, if in danger of loosing her life, should take precedence over a fetus. It's one of those legal/moral questions about which most people have strong opinions.
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AlaskaMusher
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In states where the fetus is considered "live" the usual standard is "could the fetus have survived on its own, outside the womb." This generally means the final trimester or later.
Almost all elective abortions are conducted only in the first trimester when the fetus is not viable on its on.
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writenimage
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Thats a thin line and hard to deal with. A (legal) abortion must be done early in the pregnancy, before the fetus has become a viable human being. It is the choice of the mother to continue or abort the pregnancy. If a pregnant woman is murdered, then the choice has been taken away from her, and her rights to live and choose have been taken away from her. Sadly in either case the fetus/baby had no say in the matter. Abortion is a tough case to plea. I'm pro choice, because i don't think the governemt should have the right to dictate to a women how she treats her body. I don't think abortion is a good thing at all. In my personal opinion it should never be done except in extreme medical cases where being pregant could kill the mother.
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Dana1981, Master of Science
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Pretty simple. An abortion is the mother's choice. If you kill a pregnant lady, you're killing a fetus that she would probably have carried to term, and killing it against her will. I can see the argument either way as to why it would or wouldn't be a double homicide.
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BabyGurl
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because its the mothers choice to abort the baby or not.If a person kills them then thats of course going to be different.
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Mandy
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I think it is because in the eyes of the law the fetus is considered a second person after a certain point in the woman's pregnancy.
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Davion2308
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Abortion is legal when it's the mother who's deciding on her own to not carry the child to term.
A double homicide is used because it allows a person who is an incredible danger to society, i.e. they're killing pregnant women, to be changed with a higher crime. Plus, the fetus, instead of being destroyed in a safe, sanitary manner, is being destroyed by violence and without consent from the mother.
Do I get my 10 yet?
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ohiofirefighter42
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if i chose to sever my foot it is legal....if you chose to sever my foot it would be a crime
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donnie
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In 1984 Orwell called that doublespeak, our current polititions call it spin.
I call it bull____.
You can choose to terminate a pregnancy
(kill your baby)
That's a mother's choice, not a criminal.
Isn't an abortionist a killer?Like the person who pulls the switch on the electric chair?
I'm not against abortion I just call it like I see it.
Isn't 3rd trimester abortion the work of vivesection on a full term baby?
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