Fund Your Utopia Without Me.™

09 May 2010

Abortion & Murder Hypotheticals

A.   If a woman 'owns' her womb, does she also 'own' her other organs?  If so,why can't she legally sell them in the United States?

B.  If a mum's intent controls and she owns the 'foetus,' does she also own the 'post-birth foetus'?  If so, can she sell it?  Wouldn't that make the 'post-birth foetus' akin to Dred Scott, i.e., property/a slave?

C.  Two women are in a car in Florida. Both are 5 months pregnant. The driver, who plans to keep her baby, is driving her friend to an abortion clinic to have an abortion. A drunk, Comrade Alan Grayson runs a red light and hits the car in which both women are riding. Both women survive.

Both foetuses are aborted naturally.

Fla. Stat. Ann. § 316.193 defines DUI manslaughter to include the death of an unborn, quick child.

Should Comrade Alan Grayson be charged with one or two counts of DUI manslaughter?

Remember, one woman was on her way to kill her 'collection of cells.'

D.  On 11 May 2010, Danny Ray Poplin, Jr, was sentenced to 50-years-to-life for a  murder conviction.  The victim was the approximately 6 month-old foetus carried by his girlfriend.  He was not convicted of foetal homicide, which is a different crime.  He was convicted of first-degree murder. 

Unlike the case of Scott Peterson, who was convicted of two counts of first-degree murder for killing both his wife, Lacy, and his nearly full-term, unborn son, Connor, Mr Poplin's girlfriend did not die.  Indeed, she testified during the trial and was present in the courtroom for sentencing. 

Mr Poplin will begin serving his sentence for first-degree murder once he completes serving the 12 years that were levied upon him for injury and assault with a deadly weapon (a 13-inch butcher knife that he twice plunged into his pregnant girlfriend’s belly to terminate a life he mistakenly thought was born of an affair).

 Now, before any of you start screaming:  This is an actual case.  It did not occur in the Bible Belt; rather, it took place in California. 

California Penal Code 187.

(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

(b) This section shall not apply to any person, who commits an act that results in the death of a fetus, if   any of the following apply:

1.    The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.

2.       The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.

3.  The act was solicited, aided, abetted, or consented to by the mother of the fetus.

(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.

Mr Poplin was determined to be the father of the unborn child.

 Why does only the mum get to decide whether the foetus is a capable of being murdered in the first degree or aborted with determination aforethought?  Is such a law a violation of the Equal Protection Clause of the Fourteenth Amendment?  If, as many courts have ruled, the 'state has a compelling interest in encouraging and fostering procreation of the human species,' why is Mr Poplin convicted of first degree murder for doing what his girlfriend could do at any time?   Does some chemical or biological change occur within the foetus prior to abortion that differentiates it from a foetus of the same age killed via a 13 inch butcher knife or in an automobile accident?

E. On 6 June 2005, 19-year-old Gerardo Flores was convicted in Lufkin, Texas, of two counts of murder for stomping on the stomach of his girlfriend, causing her to miscarry twins.

Erica Basoria was 16-years-old at the time, and asked Flores to help her abort.

She was not charged due to her legal right to abort.

Flores received an automatic life sentence.

Wasn't he just performing an abortion at the request of a woman, who had a legal right to such?

Why should the government sentenced the man to life and not charge the woman with anything for what was, as you called earlier, a 'private matter'?