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Can The Unborn Be A Victim Of Crime?
The California case of Scott Peterson and the alleged murder of his wife Laci have rekindled some controversy that goes well beyond the facts involved in a typical murder case. Due to the fact that Laci Peterson was in the latter term of pregnancy at the time of her death, several issues have been raised concerning the unborn fetus. Before the pro-choice and pro life supporters start getting their dander up, let me first say that these issues are not necessarily the typical Rowe V. Wade arguments that we have heard on numerous occasions.
The question in this case, as is the question with many similar cases, is when does the unborn qualify as a crime victim. This question cannot be qualified under the standard "when does life begin" debate, but rather has to do with legal interpretations that are as different as night and day according to the jurisdictions concerned. In the United States, only twenty-eight states have criminalized harm to a fetus. For example, in the state of Georgia these laws take affect after 16 to 20 weeks of the pregnancy, but in Louisiana the laws take affect at any stage of pregnancy. In California, the laws come in to play after the embryonic stage, but in Alaska there is no law at all regarding harm to a fetus. As you can see, the laws that have been designed to protect an unborn fetus differ widely across the country.
Based on the Peterson case, there is debate taking place in Congress about something that will be known as the Unborn Victims of Violence Act. (For those of you who wish to further research this proposed legislation, which is expected to pass, it is commonly refereed to as the Laci and Conner Law.) In this legislation, federal law would be enacted that would provide protection for an unborn fetus on a national level, rather than the state by state decisions that are currently in play.
As to the cases that result in the death of a fetus, that by medical opinion could be viable outside the womb, Georgia already has a criminal statute on the books that is simply known as feticide. Under the statute's definition, a person commits feticide when he willfully kills an unborn child so far developed as to be ordinarily called "quick" by an injury to the mother of such child, which would be murder if it resulted in the death of such mother. This crime carries a life sentence. If you are confused as to what "quick" might mean in a legal sense, you are probably not alone. According to judicial decisions concerning the constitutionality of the law, "quick" is the long adopted common law understanding of a fetus that is so far developed that it is capable of movement in the mother's womb. I am sure that cleared it up for you. Right !!! However, once again, every state does not recognize this law. Other states have similar laws as to the willful death of a fetus but the definition of the law can be very different from Georgia's statute.
Just to add fuel to the fire, pro-life supporters will argue that there is a hypocrisy that exists that allows the government to do exactly what they have criminalized (via legal abortions), but would justify prosecution if committed by someone else. I will leave that argument to the appropriate parties!
After having examined the legalese and case summaries that are applicable to our basic question, as to whether or not an unborn fetus can be a victim of crime, the answer is obviously; yes. The confusion only comes in to play based on different states and jurisdictional venues and how they might interpret those laws. A specific example that might be a clear violation of the law in one state may not have the judicial authority in another state to merit police action. If Congress passes the Unborn Victims of Violence act as expected, the confusion should be cleared up, as it would put all 50 states in a position of interpreting the law in a uniform fashion.
If what we have heard about the discovery of the Peterson fetus is true, does anyone really think that a criminal prosecution, on behalf of that fetus, is not justified? Sometimes we tend to become obsessed with legal argument and political groups that may support one position or the other. As it so often the case, we refuse to rely on what has been the foundation of our juris prudence system from the beginning; common sense. The question of whether a fetus can legally be a crime victim or not, needs nothing more than the use of this simple common sense approach.
For further information, visit www.voice4victims.com
If you are interested in having Mr. Hall speak at your next club or group meeting, please email contact information to:
SHallBadgeNotes@aol.com
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