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There are edge cases with all penal laws. If one ‘bans’ murder, the legislatures and courts will need to grapple with killing in self-defense, pulling the plug
by lurquer 4y ago
There are edge cases with all penal laws.
If one ‘bans’ murder, the legislatures and courts will need to grapple with killing in self-defense, pulling the plug on a brain-dead vegetable, administering drugs in some cases that have a high risk of death, assisting in a suicide, accidentally causing a death vs intentionally, etc.
This isn’t new.
Each state crafts it’s own laws to address these things, each prosecutor uses his discretion in applying them, each jury or grand jury weighs in, each judge crafts a sentence taking these things into consideration, etc.
In short your edge cases are nothing new… every law is over and under inclusive. The judicial system as a whole has been dealing with these issues for centuries.
- powerhour 4y agoHow do we decide which cases to prosecute? Do we convene a grand jury for every miscarriage? Do you have any idea how many investigations this would be per year? If you don't investigate every miscarriage, what's the criteria for getting the state involved? Do you wait for family or neighbors to report a crime? Do you track medical appointments and make a judgement as to when a birth was expected and didn't happen? I'm not sure you've thought this through.
- lurquer 4y ago>…do we convene a grand jury… Every felony charge goes through a grand jury. Indeed, every death is investigated to some extent. Every county has a coroner, some states have full-blown inquests after each death. Do you think when grandma dies of old age she’s just taken to a funeral home and that’s that? There’s more to it. If something looks suspicious, it’s kicked up to the next level. If questions remain, it’s kicked up another level. I don’t mean to sound rude, but you seem to have little experience with the day-to-day legal processes surrounding every death. You may be more familiar with a crime like arson. As you MAY know, every single structure fire is investigated. Some turn out to be arson. Some don’t. These processes exist, always have existed, and I think you’re straining. >I’m not sure you’ve thought this through. I’ve been doing this for a living for over 25 years. Whether your pro-choice or pro-life isn’t my concern. God bless you either way. But, the criminal process regarding abortion existed for centuries prior to Roe v. Wade. It’s really not as complicated as you make out.
- SamoyedFurFluff 4y agoBefore roe v wade the complications of botched self-administered abortions was one of the major causes of early death and disability of women. I don’t think it’s nearly as simple as one would believe, because even the Bible doesn’t recognize a fetus as being alive until well into the second or third trimester.