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Conren

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PostPosted: Mon Oct 08, 2007 7:58 pm


Otherwise known as defense of infancy, is a criminal defense that states that a person under the ACR(6-10, depending on the state) cannot be held accountable for committing a crime. Basically, they cannot be convicted for anything.

Now, this brings me to a question: can someone under the ACR be subject to self-defense? This is something I haven't been able to find specific information on. And although it is difficult to find a situation where a child could be in a position where someone over the ACR would be subject to self-defense, it is possible. For instance, a property owner has every right to shoot an intruder, and it's considered self-defense. However, if the intruder happens to be someone who's obviously under the ACR, I doubt if he can shoot the child without facing trial. Again, I haven't been able to find specific information. And well, to keep this short, you can see how this relates to abortion.

Now for my next issue. As I've said before, in the event that the unborn are given personhood the only way to keep abortion legal is to illegalize being an unwanted fetus(or embryo). Now I'm doubting that would happen. Simply put, illegalizing something that nobody can possibly be convicted of doesn't really make sense to me. Especially when it wouldn't be a good deterrence anyways. And at that point, the only reason why it would be illegalize is just to give women the choice to abort.

You're thoughts pl/pc d?
PostPosted: Mon Oct 08, 2007 8:32 pm


Exactly. The whole "It isn't even concious!" argument comes back to haunt them when they try to claim that the fetus is commiting a crime- If it can't think, how can it be accountable? How can it commit a crime?

divineseraph


WatersMoon110
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PostPosted: Tue Oct 09, 2007 7:15 am


It isn't about making the unborn stages of human development illegal. It isn't about unborn humans not having consciousness.

It is about women retaining control over their bodies even while pregnant. No born human has the right to use another's body against their will. Making abortion illegal gives unborn humans this right.

It isn't about it being a crime. It is about needing permission from the owner of the body to use that body. Without that permission, immediate removal is necessary.

I am rather of the opinion that unborn humans will gain the legal status of person at about the same time it is possible to remove them immediately at any stage without harming them. Which will, of course, end the entire debate for almost everyone.
PostPosted: Tue Oct 09, 2007 8:29 am


WatersMoon110
It isn't about making the unborn stages of human development illegal. It isn't about unborn humans not having consciousness.
Of course, since the unborn don't have personhood, there isn't any concern about making the actions of the unwanted ones illegal.

WatersMoon110
It is about women retaining control over their bodies even while pregnant.
In the event that abortion becomes illegal, non-pregnant women wouldn't have any more control than pregnant women, they wouldn't have that particular control to begin with.

WatersMoon110
No born human has the right to use another's body against their will. Making abortion illegal gives unborn humans this right.
No on has the right to kill a legal person who hasn't broken the law. Keeping abortion legal gives pregnant women this right(in the event that unborn are given legal personhood). So as you can see, there is a bit of a conundrum.

WatersMoon110
It isn't about it being a crime. It is about needing permission from the owner of the body to use that body.
But for there to be permission, as far as the law is concerened, breaking that permission would have to be a crime.

WatersMoon110
Without that permission, immediate removal is necessary.
Not really, most pregnancies end up well.

WatersMoon110
I am rather of the opinion that unborn humans will gain the legal status of person at about the same time it is possible to remove them immediately at any stage without harming them. Which will, of course, end the entire debate for almost everyone.
That's probably what will happen. My argument is mainly theoretical anyways. XD

Conren

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divineseraph

PostPosted: Tue Oct 09, 2007 10:09 am


And many choicers DO claim that the fetus is breaking a law or commiting a crime by existing. You don't have to look too far. I'll givey ou a hint, there's one on this subforum...
PostPosted: Tue Oct 09, 2007 1:10 pm


Haha, devineseraph, are you referring to me?
Honestly, I was just arguing that for argument's sake. My actual stance on the subject is currently on the fence. sweatdrop

Anyway, even if the fetus is granted personhood, the individual rights of the woman will still allow her to abort. Regardless of whether the fetus is committing a crime or not, the woman's rights to her body allow her to remove it.

Tyshia2


rweghrheh

PostPosted: Tue Oct 09, 2007 4:47 pm


WatersMoon110
It isn't about making the unborn stages of human development illegal. It isn't about unborn humans not having consciousness.

It is about women retaining control over their bodies even while pregnant. No born human has the right to use another's body against their will. Making abortion illegal gives unborn humans this right.

It isn't about it being a crime. It is about needing permission from the owner of the body to use that body. Without that permission, immediate removal is necessary.

I am rather of the opinion that unborn humans will gain the legal status of person at about the same time it is possible to remove them immediately at any stage without harming them. Which will, of course, end the entire debate for almost everyone.


And no human should have the right to force death on someone just for their own sake.
A fetus isn't a born human and it can't help it that it uses the womans body temperarly, it didn't even ask to exist. So why would it need permission to exist or not when it had no choice or say in the matter at all?

How is immediate removal necessary or justified?

We may not agree on everything but one thing we do agree on is that fetus is not a criminal, how can it be when it's not even born yet?

Do people seriously think a fetus is a criminal? If they do, I really like to know how an unborn child can be a criminal.
PostPosted: Tue Oct 09, 2007 6:23 pm


Tyshia2
Haha, devineseraph, are you referring to me?
Honestly, I was just arguing that for argument's sake. My actual stance on the subject is currently on the fence. sweatdrop

Anyway, even if the fetus is granted personhood, the individual rights of the woman will still allow her to abort. Regardless of whether the fetus is committing a crime or not, the woman's rights to her body allow her to remove it.


Ah, well then, not a choicer here, perhaps... But one must admit, it is an argument that gets thrown around. Sorry fo accusing you.

divineseraph


Conren

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PostPosted: Tue Oct 09, 2007 6:57 pm


Tyshia2
Haha, devineseraph, are you referring to me?
Honestly, I was just arguing that for argument's sake. My actual stance on the subject is currently on the fence. sweatdrop

Anyway, even if the fetus is granted personhood, the individual rights of the woman will still allow her to abort. Regardless of whether the fetus is committing a crime or not, the woman's rights to her body allow her to remove it.
Technically, it's her right of privacy that allows her to abort. You should study Roe vs Wade, you can find some interesting tidbits. Anyways, abortion isn't just removal, the fetus will probably die from it. Rights exist until it can harm someone innocent, then they are suspended for the time.
PostPosted: Wed Oct 10, 2007 10:48 am


Tyshia2
Haha, devineseraph, are you referring to me?
Honestly, I was just arguing that for argument's sake. My actual stance on the subject is currently on the fence. sweatdrop

Anyway, even if the fetus is granted personhood, the individual rights of the woman will still allow her to abort. Regardless of whether the fetus is committing a crime or not, the woman's rights to her body allow her to remove it.


Actualy, it probably wont. Many times in court a debate like this comes down to a logical puzzle. It will most likely come down to the question "Does consenting to sex inplie consent to pregnancy, as the act of sex (if uninhibited) will lead to pregnancy?" That is most likely where the debate will begin.

Tiger of the Fire


WatersMoon110
Crew

PostPosted: Wed Oct 10, 2007 11:10 am


Conren
WatersMoon110
It isn't about making the unborn stages of human development illegal. It isn't about unborn humans not having consciousness.
Of course, since the unborn don't have personhood, there isn't any concern about making the actions of the unwanted ones illegal.
That's true. But, from my persepective, since no born person has the right to use the body of another person against their will, no unborn person (if unborn humans were given the legal status of personhood - thus I will say "unborn person" as this theoretically has already happened for the hypothesis of this thread) would gain that right either.
Conren
WatersMoon110
It is about women retaining control over their bodies even while pregnant.
In the event that abortion becomes illegal, non-pregnant women wouldn't have any more control than pregnant women, they wouldn't have that particular control to begin with.
Well no, non-pregnant women would have the right to deny use of their body to anyone, which would be lost when they get pregnant, if abortion was illegal.
Conren
WatersMoon110
No born human has the right to use another's body against their will. Making abortion illegal gives unborn humans this right.
No on has the right to kill a legal person who hasn't broken the law. Keeping abortion legal gives pregnant women this right(in the event that unborn are given legal personhood). So as you can see, there is a bit of a conundrum.
In my opinion, this would be more a case similar to not donating life saving organs or marrow, that of just killing someone because one feels like it.

The unborn person would need the use of the uterus, and the use of the woman's nutrients. The woman doesn't wish to be pregnant or to give those things to the unborn person. The only way to stop this is to remove the unborn person, which results in their death if viability hasn't yet been reached.
Conren
WatersMoon110
It isn't about it being a crime. It is about needing permission from the owner of the body to use that body.
But for there to be permission, as far as the law is concerened, breaking that permission would have to be a crime.
Good point.
Conren
WatersMoon110
Without that permission, immediate removal is necessary.
Not really, most pregnancies end up well.
Well, yes. But most pregnant women choose to keep their pregnancies. However, for women who don't want to remain pregnant, telling them that pregnancy usually doesn't have many complications isn't really the best of ideas. *wink*
Conren
WatersMoon110
I am rather of the opinion that unborn humans will gain the legal status of person at about the same time it is possible to remove them immediately at any stage without harming them. Which will, of course, end the entire debate for almost everyone.
That's probably what will happen. My argument is mainly theoretical anyways. XD
Who knows, though. Things are changing very quickly on all sorts of fronts (both medical and legal) and it is hard to tell what will be brought about first: ways to keep unborn humans alive outside of the womb (at least briefly) or the status of legal person for unborn humans.
PostPosted: Wed Oct 10, 2007 11:19 am


sachiko_sohma
And no human should have the right to force death on someone just for their own sake.
A fetus isn't a born human and it can't help it that it uses the womans body temperarly, it didn't even ask to exist. So why would it need permission to exist or not when it had no choice or say in the matter at all?
Likewise, people can't help needing organ, bone marrow, or blood. And women can't completely stop their bodies from becoming pregnant. And deer can't help that they freeze when confronted with oncoming headlights.

But that doesn't make it okay that bad things happen, nor is it justification to just ignore the problem and do nothing.
sachiko_sohma
How is immediate removal necessary or justified?
From my perspective, because the pregnant woman still retains the right to control her own body. Since the unborn human is inside of her body, this gives her the right to demand that it not be inside her anymore.
sachiko_sohma
We may not agree on everything but one thing we do agree on is that fetus is not a criminal, how can it be when it's not even born yet?

Do people seriously think a fetus is a criminal? If they do, I really like to know how an unborn child can be a criminal.
Yeah, I wonder that also. I rather assume that it is from a(n irrational, in my opinion) fear of becoming pregnant and being unable to terminate the pregnancy, which leads to some outlandish arguments.

I mean, anything could be made into a crime. So it is possible that it could be made illegal for an unborn human to use the body of a pregnant woman without her permission. Let's face it, it's illegal to fish for whales on Sunday in Cleveland, Ohio. Anything can be made a law, if need for it is seen. And I'm sure, if abortion were made illegal (before some other option is available), some sort of attempt would be made to counteract this with another law to that effect.

WatersMoon110
Crew


WatersMoon110
Crew

PostPosted: Wed Oct 10, 2007 11:26 am


Conren
Technically, it's her right of privacy that allows her to abort. You should study Roe vs Wade, you can find some interesting tidbits.
That is true, Roe v. Wade was eventually decided on the Right to Privacy. But the majority of Pro-Choicers (that I know of, at least) believe that it falls more correctly under the Right to Bodily Integrity.
Conren
Rights exist until it can harm someone innocent, then they are suspended for the time.
I don't know about that. There are plenty of rights that lead to harming people that didn't do anything wrong. If someone runs out directly in front of my car, and it is shown that I had no time to stop, even though that person might be hurt or killed, I would still not be punished. I can choose not to donate blood, even though someone out there might die because of a lack of my blood type. Corporations have the right to pay their employees the minimum wage, even though some families would suffer because they can't afford their basic necessities. Heck, if we look into mental harm, churches have the right to deny membership to anyone, and the right to not marry couples - that could be considered harm.

There are plenty of actions that lead to the harming of innocents that aren't illegal.
PostPosted: Wed Oct 10, 2007 11:32 am


Tiger of the Fire
Actualy, it probably wont. Many times in court a debate like this comes down to a logical puzzle. It will most likely come down to the question "Does consenting to sex inplie consent to pregnancy, as the act of sex (if uninhibited) will lead to pregnancy?" That is most likely where the debate will begin.
True. And that would lead to other points, like: "Does a pregnant woman have responsibility towards her unborn human? (and, if so, Does that responsibility entail carrying and caring for that unborn human?)" and "Does the right to control one's body include the right to remove and thus kill someone who exists because of one's own actions?"

There are many different things that would come into play, if this debate is ever taken back to the courts. Bodily integrity is one of them. Though I'm no longer sure if Privacy would even be brought up, except in the context as that being the original reason for abortion becoming illegal.

WatersMoon110
Crew


Tyshia2

PostPosted: Wed Oct 10, 2007 1:12 pm


@ divineseraph :: No need to apologize. biggrin But yes, the argument does appear pretty often. I've heard it too many times to count in the abortion debate threads in the ED.

@ Conren :: I haven't been able to find a source that has the full case of Roe vs Wade. Do you know where I can find it? I really would love to study it.
Anyway: That isn't necessarily true. Many rights we have, we can use even if it harms someone else. But I'm familiar with your point.
But if a fetus is considered a person, can its actions [inhabiting and using the mother's body against her wishes] be considered crimes? Of course it can't be charged with them, but would they still be crimes?
(Oh jeez, here comes the whole debate from the other thread again. Haha, sweatdrop .)

@ Tiger of the Fire :: I think that'll be a huge part of it, but another part will definitely end up involving bodily functions. Since the fetus has as little say in its development as the woman does in how her reproductive organs function at the time, can any crimes it could potentially commit be considered crimes?
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Pro-Life/Pro-Choice Discussion

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