Vanity: How can Petersen get 2nd Degree...

Me | 11/12/04 | FA

[Fierce Allegiance]

As much a retorical question as philosophical/law question.

[Dave S]

I guess it depends on whether the fetus is wanted or unwanted.

[mvpel]

One word: Consent.

[ma bell]

I was to ask the same question. Why find him guilty of killing an unborn, yet the Abortion Doctors due it daily?

[ma bell]

Consent to murder?

[Howlin]

You do realize, don't you, that you could have found another Peterson thread to ask this question on, right?

[mvpel]

Murder of an unborn child by a licensed doctor with the consent of the mother is legal. That's the law, like it or not.

Peterson isn't a doctor, and he didn't kill his unborn child with Laci's consent, so he got second degree murder instead of a $1,000 health insurance payment.

At least this is an improvement over a previous state of affairs, where killing an unborn child in the course of a violent crime wasn't even a prosecutable offense.

[ALOHA RONNIE]

.

Baby Killer SCOTT PETERSON =

2nd Degree DEATH PENALTY

.

[jwalsh07]

Its not as simple as you make it. Geragos will take it to the SCOTUS of course. Can't wait for the opinions on how a Father can be found guilty of murdering a "non person" but a Mother and her accomplice can not be.

[mvpel]

The law is the law. Work to change it like the rest of us.

[Lurking2Long]

Howlin...abortion advocate and RINO, chimes in...

[tjg]

There are other Peterson threads on the board? I hadn't noticed.

P.S. Great tag line.

[Howlin]

Lurking2Long, having no other response, calls somebody he can't argue with pro-abortion.

[Lurking2Long]

Aren't you pro abortion?

[Lurking2Long]

Kinda like being asked if you are still beating your husband, isn't it?

[Howlin]

Aren't you pro abortion?

I defy you to post one reply where I've EVER indicated anything close to that.

I can wait.

[Howlin]

Kinda like being asked if you are still beating your husband, isn't it?

Well, we all know what your family must have to live with.

[tortoise]

It is in the old English Common Law, which we use in this country. After 4-5 months of pregnancy ("the quickening" in the old terms) the fetus is provisionally treated as a second person, and the mother can claim damages on that basis, or as is the case here, the state can if the mother is unable to. So under the Common Law, the fetus has no standing in the first half of the pregnancy, and limited provisional status in the second half that does not grant the full rights of personhood.

This has limited applicability to abortion, since abortion is a voluntary action taken by the mother. To put it another way, the Common Law essentially views killing a mature fetus as a criminal "taking" against the mother that is valued as though it were a "person" by the court. The mother cannot commit such an offense against herself.

[Cedar]

For those wanting a better picture of the early development of the "fetus", see this:

http://abortionno.org/Resources/pictures_2.html

[al baby]

lets just call it a late term abortion when the state kills Scott Peterson