If abortion were made illegal, what penalties would you support? (party, states)
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You could prove that he was the father, but you could never prove that he approved the abortion. The burden would rest with the mother, as usual.
"Aiding and abetting" and conspiracy to commit a crime are proved and punished all the time. An anti-abortion law could be written to punish co-conspirators.
If the Supreme Court were to find that a woman did not have a constitutional right to abortion and individual states moved to make it illegal, how should the crime be punished?
I'm not an attorney, I'm just stating my opinion as a layman who has read the laws of my home state, Texas.
Abortion should be charged as capital murder, because the offense would be committed in exchange for remuneration, and also because the victim would be < 10 years of age.
Attempt, conspiracy, and/or solicitation charges should be applied where applicable.
The way it's set up, it will already be documented that they're doing it for an incomplete or missed abortion (technical term for when your body is trying to miscarry but there are still pieces left after the baby is dead).
You don't just do d&cs. There is always a documented reason. In the circumstance of a pregnant woman, the d&c would be occurring BECAUSE the fetus was no longer viable. It's just a given.
And because all procedures required a reason for it being done for documentation and billing purposes ( not to mention on the consent form), there would already normally be proper documentation of the timeline.
Yes I understand all that, I'm just bringing it up because even though a D&C would still be legal, doctors would want to protect themselves. If they have a sudden increase in D&C's just by sheer coincidence, anyone from a nurse or medical biller could report that as suspicious activity (preforming abortions under the guise of D&C's) Or if for any reason a patient becomes angry and blames the doctor for the loss or claims he/she aborted it without sufficient evidence that the pregnancy was over, how will the doctor defend him/herself? Even with a consent form (which could be falsified), they could still be held accountable if the patient claims she didn't fully understand the procedure.
This example comes to mind. Abortion is was legal up to 20 weeks in this instance, but the doctor's still wouldn't preform their own recommendation, because it was too gray an area and the doctor's weren't willing to put themselves at risk of breaking the law. I know in this instance the fetus still has a heartbeat, but when the law becomes too invasive, doctor's may second guess things or be hesitant in order to protect themselves and their practice is all I'm saying.
ETA: In scenario from the article, the woman had multiple appointments with various doctor's who all concluded, and it was well documented, that what inevitably happened was going to happen, yet they still refused to preform the procedure to protect themselves. Instead they sent her home to labor for days on end until the problem resolved itself naturally, putting her through needless suffering and emotional trauma.
Last edited by Pennies4Penny; 11-24-2015 at 10:58 AM..
If the Supreme Court were to find that a woman did not have a constitutional right to abortion and individual states moved to make it illegal, how should the crime be punished?
PLEASE DO NOT LET THIS DEGENERATE INTO A DISCUSSION OF WHETHER ABORTION SHOULD BE LEGALIZED OR NOT.
Would you support a prison term for the woman? The man who fathered the child? The provider?
If so, what length of term for each party?
If the woman or couple has other children at home, should punishment be less?
Should it be punishable by death?
If a woman has an illegal abortion, I think the proper penalty for that would be that there ought to be an alien abduction where alien embryo gets injected into her body so that she'd give birth to an advanced alien-human hybrid
Don't have sex
Don't have kids
Problem solved? I guess not, right ? Why are people still fighting about this?
Why aren't people smart? Freedom to be dumb?
Don't get impregnated
What if you're raped against your will?
Call the police and do an incident report
Go down to the Pharmacy, get the whatever pill, and bill the government for your trouble
Have a little cry, get some therapy (hopefully inexpensive), some ice cream, and you're back in business kicking ass or whatever you do
If a woman has an illegal abortion, I think the proper penalty for that would be that there ought to be an alien abduction where alien embryo gets injected into her body so that she'd give birth to an advanced alien-human hybrid
Quote:
Originally Posted by Wannabeliber
Don't have sex
Don't have kids
Problem solved? I guess not, right ? Why are people still fighting about this?
So do you want to see women/men/providers criminally punished or not?
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