There are DEGREES to every crime. You can have 1st, 2nd, 3rd, 4th degree felonies, and also degrees of misdemeanor.
Depending on the circumstance, prosecutor decides which to charge and jury decides guilt. Judge imposes sentence.
So, to say abortion=jail is a trick in that it implies the same punishment is meted out for any abortion, without regard to circumstance. Another way to think of that is that you deciding a case without allowing the jury to determine fact, which is their role.
Given the following examples as facts, how about this as punishment:
1) As head is coming out, Dr. says, “It’s a blonde.” Mother says “I won’t take that, kill it.”
In this case, I vote First Degree Felony, 20 to life. Maybe even death penalty. Goes for both mother and doc.
2) Teenager believes her lib parents who are ex-employees of planned parenthood (now out of business since abortion is illegal) who have convinced her that her life is in danger as a result of the pregnancy, even though it isn’t. Pregnancy terminated at 2 wks.
Daughter gets 4th degree Misdemeanor. Fined $100.00.
I’m not going to attempt to come up w/6 other examples, but I hope you see what I mean here.
You first move to get abortion illegal - the legislatures sort out the details of degree.
Not ALL would go to jail. Some, after trial, might even be found not guilty.
First degree felony, sentence 20-life:
Teenager believes her lib parents who are ex-employees of planned parenthood (now out of business since abortion is illegal) who have convinced her that her life is in danger as a result of the pregnancy, even though it isn’t. Pregnancy terminated at 2 wks.
Daughter gets 4th degree Misdemeanor. Fined $100.00.
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Not if the fine is 3 years in jail and 100,000 dollar fine.