Re: Is a Fetus a Person? /Bill [was L&I Any ideas or help would be appreciated]

[Linda D. Misek-Falkoff, Ph.D., J.D.]

"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:


Hi Terry - yes. Yes. In attenuated fashion I just posted related
thoughts to Bill; I hope you get a chance to see it, it should arrive
just a minute before this post. But I think you have said *more*, and
this would be quite important, have you here posited a way the Civil
Code can hold sway, and the criminal case (Ward) could have been so
reasoned?  Stellar.  :) LDMF.

PS: from what is derived your first sentences on murder?  Particular
law, or are you drawing that from the conditional in the statute ("in
the event of the child's subsequent birth")?
[EMAIL PROTECTED] wrote:----------------------------
> Seems rather clear to me, Linda.  The most extreme case is when a fetus is
> killed which is not covered by 43.1.  That has been found to be murder
> when it is done without the mother's consent.  But if a fetus is to be
> "deemed an existing person, so far as necessary for the child's interests in
> the event of the child's subsequent birth" the child's interests are
> certainly harmed by an attack on the mother.  The interests of the mother
> and fetus are nearly identical in this case.
> 
> >"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:
> >
> >
> >H Bill - I am having a bit of trouble finding Susan's post of the civil
> >statute. Here are two relevant paragraphs I had clipped out, suggesting
> >that an unborn offspring is a child and thus a person, with life and
> >liberty rights. The crim case, though, goes to the mothers rights. Do
> >you think if the civil statute were to govern in the criminal context,
> >the child would have a large interest in the mother'sa interests (in
> >being protected)? That could IMO be a bridge between the two, and
> >perhaps the legslative intent of both sets of laws comingle here.  Sue?
> >Terry? Streve? Others?                                            :)
> >LDMF.
> >--------------------------- Code:
> >---------------------------------------
> >
> >CALIFORNIA CODES
> >CIVIL CODE
> >SECTION 43-53
> >
> >
> >
> >
> >43.  Besides the personal rights mentioned or recognized in the
> >Government Code, every person has, subject to the qualifications and
> >restrictions provided by law, the right of protection from bodily
> >restraint or harm, from personal insult, from defamation, and from
> >injury to his personal relations.
> >
> >
> >
> >43.1.  A child conceived, but not yet born, is deemed an existing
> >person, so far as necessary for the child's interests in the event of
> >the child's subsequent birth.
> >
> >
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> >
> >
> Best,     Terry
> 
> "Lawyer - one trained to circumvent the law"  - The Devil's Dictionary
> 
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