Baby Killer Must Have Tubes Tied
http://www.11alive.com/news/news_article.aspx?storyid=58728
A woman who pleaded guilty to killing her five-week-old daughter must have her tubes tied as part of a plea deal, the Fulton County District Attorney announced Wednesday.
Two days into her trial for the December 1998 death of the baby, 34-year-old Carisa Ashe agreed to plead guilty to a reduced charge of voluntary manslaughter. Under the terms of the plea, Ashe will have to serve five years on probation and undergo tubal ligation within 90 days. If she does not have the procedure, the murder charges could be revised, D.A. Paul Howard said.
Shaking and blunt-force trauma to the head resulted in Destiny Ashe's injuries, including swelling and hemorrhage of the brain, according to an autopsy report.
She named the child Destiny, and then she killed her. Geez.
I think this is clearly unconstitutional. (this is not a normative judgement, it's my understanding of the law)
For instance, I don't think you can't bargain away your First Amendment rights to get a shorter prison sentence. And the Supreme Court has found a similar (but non-textual) Constitutional right to procreate.
In fact, the Supreme Court has found that you can't even bargain away your right to monetary compensation for property taken by the state (Nollan v. California Coastal Commission). You can't even make an agreement with the government: "you let me get a permit to build up my coastal mansion, and I'll let you have a small strip of land for the public to use during the daytime as an easement")
I suppose that the innocent babies life is meaningless.