I guess I have to conclulde that since abortion is murder, the woman who does it should be punished for murderer, even though it somehow makes me uneasy. Still trying to think through this one. Does anyone know what the punishment was in the South Dakota law that got overturned last election?
2 years in jail and community service at an orphange for two additional years. The doctor? Murder charges.
Answer: None. Throw the doctor in jail for 2 years.
The law can distinguish between the mother and the abortionist-it’s not axiomatic that they would be equally culpable in the eyes of the law. For instance, the mother could be subject to mitigating factors which would ameliorate her guilt, and aggravating factors which would increase it.
What is the going rate for the premeditated murder of a child?
Once abortion is made illegal, women who have abortions should pay the price just as they would if they murdered their baby after it has been born.
Manslaughter penalties for the mom, 1st degree murder penalties for the “doc”. Add sterilization for a second offence.
Well, do what ever we do to any other murderer of course.
First you have to catch them. How do you do that? How do you prove someone had an abortion? First you have to know they were pregnant, then you have to know they are no longer pregnant, then you have to know the pregnancy was terminated on purpose.
I think that is alot to prove.
But let’s say it is proven beyond reasonable doubt. Well, then there must be a penalty. I don’t think you can consider it murder because they are not technically the murderer. The doctor performing the procedure is the technical murderer. In a way you could say that the woman is a victim. A trusted professional is telling these young girls it is a medical procedure and the right thing to do. And they believe it.
If abortion is outlawed, are they outlawing the medical procedure, or are they outlawing the act of seeking this medical procedure?
For instance, lets say they outlaw silicone breast implants. If a woman seeks these implants anyway and finds a doctor to give them, who does the law go after? The woman or the doctor?
My understanding is that historically the women were rarely punished. The punishment is primarily for the abortion “provider.”
I do not want to see a woman be jailed for this. I figure she’s “temporarily insane.” Most women who choose abortions do so because they are being pressured - not all, but the vast majority - and with that in mind, I wouldn’t feel comfortable jailing or punishing the woman.
The doctor gets charged with 1st degree murder and get life in prison or the death penalty, depending on the state the crime was committed in.
Next question?
Jail time for the woman is not nearly as effective as jail time for the person performing the abortion.
If an unborn child has the same right to life as a newborn, then the penalty should be the same. A woman who hired a hitman to murder her newborn baby would do some jail time. Evidence of coersion should be taken account for mitigation purposes, but letting the mother walk away scot free treats women like children and encourages home abortions.
It’s an obvious trap. Even most ardent pro-lifers wouldn’t seek a penalty against the woman.
I had not really thought about this before but if an unborn child is recognized as such then it would be the same as a mother standing by , and letting someone kill her birthed child. The penalty...well...that’s what juries are for.
I really don’t see this as a problem though. It is against the law to kill your kids now and almost none do. If abortions become illegal then we are probably only looking at rare cases.
You bring up a not-uncommon argument used by the pro-abortion community. They use it to elicit sympathy, but mostely, they would like us to be afraid of being accused of hating women or trying to control them and their sexuality.
In fact, we see human life as something to be protected and we abhor discrimination. We don’t discriminate between who is and who is not human enough to protect from intentional killing when they are not a threat to life.
The woman is guilty of self-harm, as well as causing the death of her child. We no longer treat attempted suicide and self-mutilation as criminal offenses, but as the result of mental disorders. Those who perform abortions on themselves truly do so “privately.” The State - our society - has a responsibility to treat these women to prevent them from being a danger to themselves.
How do we treat women who kill their child just after birth? Again, the punishments often take into account the state of mind of the woman.
The State regulates medical practice, however. The act of abortion for medical reasons should be treated as a medical procedure. If there is no medical reason - the risk of the life of the mother or permanent physical harm - the abortion should be treated as other homicides are treated.
In truth, many studies show that women who have had abortions have life long mental disorders stemming from their abortions.
How Much Jail Time?
***As much as it takes. They can gobsmack that.
The penalty would then fall under the purview of the applicable murder statute (1st degree, 2d degree, manslaughter etc.)