C_Clayton_Jones
Diamond Member
No, this is wrong.Because the crime is against the pregnant woman, not the embryo/fetus, which is devoid of Constitutional rights.And as a fact of Constitutional law it is not a 'person' entitled to Constitutional protections until such time as it is born.It has the potential to become a sentient being no other part of the body does,You are correct that it's useless to talk facts to some indoctrinated fool who believes a bunch of cells, smaller by far than your little fingernail, is actually a baby human.
Don't like abortion?
Don't have one.
Meanwhile, myob.
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Then how can a person be charged for killing it during the course of a crime?
No one may take from a woman her fundamental right to decide whether to have a child or not – not the state in the context of civil law and substantive due process, or an individual in the context of criminal law and procedural due process.
Moreover, all such statues have provisions excluding medical professionals who perform lawful abortions.
Wrong, the person can be charged with th death of the child. Two charges, one for the mother and one for the child, double homicide
In some states, however, an unborn child can be considered a "person" for purposes of a state's vehicular homicide law. For example, some state laws covering negligent homicide and first- and second-degree murder (different types of offenses for the killing of another person) specifically include the death of an unborn child who is "in the womb at any stage of its development."