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MrBaggins
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quote: Originally posted by Urban Ranger
First of all, the doctor only informed her that the baby may die without a c-section. Secondly, the woman wasn't killing the baby, she merely did nothing while it died. It's like you refuse to donate a kidney to save some other person's life. Should you be charged with murder, or anything at all?
So, unless the state's law stipulates that a person must save the life of another person if he or she is capable of doing so, she should not be charged. |
Absolutely... some people in here are confusing morality, with legality... they are two entirely different things.
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Ned
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of Aptos, CA
Oct 1999 time: 21:34
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quote: Originally posted by chegitz guevara
Exactly. This isn't a defense.
Since one of the twins did live, the prosecution has a severe burden of proof showing that death was the probable outcome of her actions.
More important, however, is the fact that no adult in their right mind can be compelled to have medical treatment or surgery against their will. If you can charge the woman for this, you should charge the doctors as well, who had the power to force the surgery upon her anyway and save both babies. |
As I said, you might be right on the surgery part. I am not convinced at this time, though, without more.
As to the charge of murder, they still have to go through a grand jury or equivalent and prove their case to a certain degree. Perhaps they can only prove manslaughter.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:34
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quote: For example, if you gave your friend some home brew and it wrecked his kidneys and he needed to be hooked up to another person for dialysis, then the state would be fully justified in compelling you to be that other person. |
What? That's outrageous! If you intentionally poisoned him, you should be charged with that crime. But it is unreasonable to force people to use their bodies to help another person. That's slavery. I can easily imagine an 8th Amendment argument, as well.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:34
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quote: Good point but what if the "person" did not know the difference, or was unable to defend themselves? |
Huh? I'm not sure I see what you are saying. Is it OK to use someone in a coma? No. Is it OK to force a person to help the mentally retarded? No. Any way you cut it, forcing me to donate a part of my body - whether it's an organ, blood, or anything - is absolutely wrong.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:34
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I suppose that would depend on circumstances. If I agree to donate blood, but at the last minute I freak out when I see the needle, it would be wrong to force me to do so.
Actually, it's hard for me to envision a situation in which it would NOT be OK for me to change my mind, WRT my own body.
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