[EMAIL PROTECTED] (William J. Foristal) writes:
Hi Sue,
I don't thnk the law said that the fetus was a child before birth. As I
said, I think the key element here is that the fetus is subsequently
born. The implication is that if the fetus is not subsequently born then
no rights are conveyed to the fetus.
I know we are not into the abortion issue, but it begs comparison. There
is a huge difference between terminating a pregnancy and killing a
newborn baby. Just as there seems to be a huge difference, legally,
between a person killing a fetus as opposed to killing a born child.
Bill
On Fri, 27 Mar 1998 11:00:51 -0800 Sue Hartigan <[EMAIL PROTECTED]>
writes:
>Sue Hartigan <[EMAIL PROTECTED]> writes:
>
>
>Hi Terry:
>
>Believe me you are helping. And we appreciate it.
>
>Yes I do remember that case.
>
>Please keep giving any ideas that you have.
>
>My idea here is that if the woman had been holding the child in her
>arms
>when the father attacked her and the child had been harmed, then he
>would have been held liable.
>
>The whole thing comes down to, IMO, that the civil law says that this
>fetus was a child before birth, so therefore has all the
>considerations
>of a child that the woman could have been holding in her arms.
>
>We aren't getting into the abortion issue here, but you made a very
>good
>point.
>
>Sue
>>
>> >Ironically, the law does not specify the rights of a fetus who is
>NOT
>> >"subsequently born" but dies as a result of the criminal action.
>Given
>> >the legality of abortion, it seems a defense attorney could argue
>that
>> >the fetus had no rights at the time of its death.
>>
>> Maybe someone can recall a case where a pregnant woman was shot in
>the
>> stomach and the shooter was charged with murder for the death of the
>fetus
>> despite the argument the fetus is not a full human being.
>>
>> The law can make sense if people use their heads. Abortion is
>legally
>> reasonable because of the rights of the woman. That should in no way
>provide
>> a shield to a killer. Theological arguments about life are beside
>the point.
>>
>> I wish I could help the case presented. The law can be read any way
>a
>> lawyer cares to read it as in the above case.
>> Best, Terry
>>
>> "Lawyer - one trained to circumvent the law" - The Devil's
>Dictionary
>>
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>
>--
>Two rules in life:
>
>1. Don't tell people everything you know.
>2.
>
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