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Woman Who Killed Her Baby Has Conviction Overturned, Court Says Six-Day-Old Baby Isn’t a Person
Life News ^ | 10/30/2015 | Micaiah Bilger

Posted on 10/31/2015 4:18:23 PM PDT by WTFOVR

A New York court recently ruled that a Long Island woman who killed her baby in a car accident cannot be convicted because her baby was not a person yet.

The Times Union reports Jennifer Jorgensen previously was found guilty of second-degree manslaughter for causing the death of her baby daughter in a car crash. She also was indicted for driving under the influence of drugs and alcohol and endangering the welfare of a child, according to the report.

Jorgensen was in her third trimester when the car accident occurred in May 2008. Her daughter was delivered by C-section after the head-on collision and died six days later, according to the report.

In October, the New York Court of Appeals reversed Jorgensen’s conviction, ruling that she was not guilty because she fatally injured her daughter before she was born.

The court ruling compared Jorgensen’s actions to self-induced abortion and called it an offense that is “no greater than a misdemeanor.”

(Excerpt) Read more at lifenews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events; US: New York
KEYWORDS: abortion; court; culture; newyork
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To: Joe 6-pack

Today: 6 day-old is not a person.

10 years from today: Non-politically correct individuals are not persons. Ship them off to the crematorium.


61 posted on 10/31/2015 6:45:04 PM PDT by Roger Kaputnik (Just because I'm paranoid doesn't prove that they aren't out to get me.)
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To: WTFOVR

I don’t think this will stand. It certainly would not in states with born alive provisions.


62 posted on 10/31/2015 6:59:46 PM PDT by Psalm 144 (Behold the Yebetable. Something like a vegetable, but not quite as smart.)
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To: WTFOVR

“Technically” it was done right. As our troubled jurisprudence stands, you need a life-begins-at law or prenatal law to penalize in such a case as this.

We don’t want to be Calvinballing the law because we wish it was more moral than it is. Then, nobody knows what to expect out of it.


63 posted on 10/31/2015 7:00:31 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: RedMDer

We have. We will have to rebuild from scratch on the ruins of the secular West.


64 posted on 10/31/2015 7:01:04 PM PDT by Psalm 144 (Behold the Yebetable. Something like a vegetable, but not quite as smart.)
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To: Psalm 144

Still there is no reason to drill a hole in our end of the boat because someone else drilled a hole in their end. Let God oversee what extent of failure there might be.


65 posted on 10/31/2015 7:03:21 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: WTFOVR

So, if a pregnant deer is injured and delivers a fawn, after six days is the fawn a deer? Uhh, yes, it’s a deer.


66 posted on 10/31/2015 7:09:45 PM PDT by mtrott
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To: WTFOVR
I wonder would a have the state pressed second-degree manslaughter charges if she fell down the stairs while intoxicated and accidentally killed her baby ...

Somehow I don't think they would have...JMHO

67 posted on 10/31/2015 7:21:14 PM PDT by Popman (Christ alone: My Cornerstone...)
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To: RedMDer

We’ve fallen off of the slippery slope.
= = =

More like dived off head first with a jet pack.


68 posted on 10/31/2015 8:02:04 PM PDT by Scrambler Bob (Using 4th keyboard due to wearing out the "/" and "s" on the previous 3)
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To: WTFOVR

Unless we do something fast, our world is done.


69 posted on 10/31/2015 8:04:27 PM PDT by deweyfrank
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To: Conscience of a Conservative

What happens if someone intentionally shoots a person (not in self defense) and that person subsequently dies six days later from their injuries? I think the charge would be murder. The fact that it was only “attempted murder” for six days would be irrelevant, right?

From a moral and ethical perspective, a person was killed. However, previously illogical and immoral rulings on abortion created this mess. Anyone with a lick of sense (or morality) should understand that children—even unborn ones—deserve protection. Sadly, a woman’s right to choose to murder her child is deemed supreme in this mixed up mess of a country!


70 posted on 10/31/2015 8:11:21 PM PDT by CitizenUSA (Proverbs 14:34 Righteousness exalts a nation, but sin is a disgrace to any people.)
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To: Ann Archy

The reason I agree with the ruling has nothing to do with the child not being a person. It has to do with intent. If a pregnant woman goes ice skating, falls and loses the baby, is that manslaughter? Why then charge her because of another kind of accident. Must be because she was drinking, and it is OK to hate drinkers? Isn’t the loss of the child punishment enough? Or does govt need a pound of flesh also.


71 posted on 10/31/2015 8:13:55 PM PDT by Glad2bnuts (If God himself said every 50 years debt should be erased, and land returned, who am I to disagree?)
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To: CitizenUSA
What happens if someone intentionally shoots a person (not in self defense) and that person subsequently dies six days later from their injuries? I think the charge would be murder. The fact that it was only “attempted murder” for six days would be irrelevant, right?

Under the current illogical and immoral logic of legal "personhood," this case is a bit different from your example. In your example, a "person" was shot, and then six days later the "person" died from his or her injuries. The fact that there was a delay between the criminal act (shooting) and the result (death) does not negate the crime; in fact, there are cases of murder charges being brought decades after the fact, where a death was determined to have been caused by a long-ago criminal act (for example, if someone is shot, and then decades later a bullet fragment breaks free and causes death).

In this case, the difference is that, legally-speaking, a "non-person" was injured, then became a "person," and then the "person" died.

(the absurdity of the above sentence should just go to further show the illogic and immorality of the current state of "personhood" law).

72 posted on 10/31/2015 9:03:54 PM PDT by Conscience of a Conservative
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To: Fightin Whitey
You made a brilliant point.

unfortunately many Americans seem unable to grasp on how thin a thread all our freedoms hang. A simple redefinition can steal all your freedoms without you even being aware that it happened, either by courts or bureaucrats and leaving one little recourse. As general Ripper said, "that's the way your hard core commie works."

73 posted on 10/31/2015 9:19:09 PM PDT by D Rider
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To: WTFOVR

This is so simple as to be, well, infantile.

Was the child born alive? Yes
Was the child’s death due to criminal activity on the part of the mother? Yes

The question of when the criminal activity occurred is irrelevant.


74 posted on 11/01/2015 1:59:23 AM PST by brothers4thID ("We've had way too many Republicans whose #1 virtue is "I get along great with Democrats".")
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To: Chgogal

There was definitely some un-human-ness on exhibit here. On the part of the judges.

I am reminded of CS Lewis’ “Perelandra” story wherein the bad guy becomes such a willing vassal of Satan the hero begins referring to him as “the un-man.” No one is beyond the redemptive power of The Word except for someone who willing refuses it.


75 posted on 11/01/2015 5:12:18 AM PST by crusher (GREEN: Globaloney for the Gullible)
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