Fetus And Homicide Equations

During the past 40 years, the U.S. Supreme Court, have superseded states as the driving force in crafting abortion policy. Since January’s 1973 decision on abortion, which granted women to constitutional right to terminate their pregnancy. But state legislatures encountered many limitations in the way they can regulate abortion. Currently Abortion is legal in our government law and society. We also have to main party Groups; called Democrat and Republican that

In some ethical and legal respects a pregnant woman and her fetus can be considered separate. Both the woman and the fetus are ordinarily affected by the well-being of one another for as long as each of them live. The ethical and legal issues are challenged deeply in cases where the well-being of the fetus and the mother appear to be in conflict. Our society struggles with identifying cases where the pregnant woman’s interests and/or behaviors might put her fetus at risk. Criminal and/or civil commitments should be used to bar pregnant women from exposing their fetuses to risk.

They also stated that the fetus wasn’t a life until the first trimester of pregnancy. Due to this case and the ruling of it all states have legalized abortion.

(Antevil, Jeffrey. Supreme Court rules on Roe vs. Wade in 1973. New York Daily News. print.) So the court analyzed abortion laws and its history from then till now, and with that they found 3 justifications for outlawing abortions: "a Victorian social concern to discourage illicit sexual conduct"; protecting the health of women; and protecting prenatal life.” (McBride, Alex. Roe v. Wade (1973). The Supreme Court. December 2006. Print.) The Court denied the first two as they were pointless but as for the third, the Court disputed that fetal life wasn’t necessarily a "person" as said and guarded in the U.S. Constitution. Culturally, although a few associations view fetuses as human beings that justify full rights, no general agreement exists. The Court than stated that Texas was thus capturing that only one "view" of many individuals. Securing all fetuses beneath this outlook of prenatal life wasn’t amply valuable to explain the state's prevention of roughly all

Before women had rights to decide whether they could keep their baby, some states didn’t allow abortion, therefore requiring women to give birth to their child. In today’s current issues, abortion is still a controversial subject with millions of people supporting it or not supporting it. Every woman has the right to make changes to her own physical body, and those rights should not be taken away, according to the constitution. In the very famous case in 1973, “Roe v. Wade”, the United States Supreme Court legalized abortion throughout the first trimester of pregnancy. In the article, “Roe’s Pro-Life Legacy”, it is explained how after this movement, the right to abortion, lives have changed and led to lower abortion rates (Sheilds 2013.)

One of the first moral issues addressed by both sides of the abortion debate concerns a pregnant woman’s so-called natural “right” to make “reproductive choices.” (“The Rights of Pregnant Women”) Anti-abortion advocacy groups claim that “the only way to actually protect the mother’s rights will be by enforcing laws that secure her child’s right to life,” (“Argument 2”) whereas pro-abortion groups contend that these laws “create a dangerous precedent for wide-ranging government intrusion into the lives of all women.” (“The Rights”) With two fundamentally contrasting viewpoints at odds with each other, it is apparent that one of the core issues concurrent with abortion is a woman’s rights versus the rights of her unborn fetus.

In contemporary America it can be argued that nothing is more contentious and controversial of an issue than abortion. From the vehement pro-life movement to the impassioned pro-choice coalition, this policy issue is one that has become increasingly important in our society. This debate has raised important questions regarding the value of human life, at what stage of development does a fetus have it’s constitutionally ensured rights take hold over that of the mother and at what stage can a state start regulating abortions.

Many people feel differently about the different types of abortion and there are laws regarding how far into pregnancy an abortion can be performed.

The Partial Abortion Act was brought to the attention of the courts in 2003. Before this law, the method for abortion, usually during the fifth month or later, was partially delivering the baby alive before the skull was injured. The spinal cord was “snipped” by the physician, and the baby was killed. This gruesome act was being performed daily by physicians. This law recognized that the fetus was now a different “being” than the mother, instituting of murder, because the fetus was partially delivered alive, then killed by severing the spinal cord. (The National Right to Life Committee Incorporated, 2014).

The laws on the books and consequent court choices identifying with them have, after some time, been fixing to two inquiries: whether ladies have the privilege to have premature births, and when does an unborn youngster have a case to privileges of its own. The point of interest choice Roe v. Wade from 1973 goes far in characterizing who gets rights and when. As indicated by the choice composed by Justice Blackmun, the privilege to premature birth is guarded by the fourteenth Amendment. The content of the revision particularly utilizes "conceived" in the criteria to qualify somebody for the security rights ensured in the correction. At the point when the ethical issue of when another life starts is disregarded, it refutes any rights that a gathering of cells and/or baby could have. (Blackmun) However, Roe versus Wade additionally puts the confinement that, at one point (typically in the third trimester of pregnancy), the unborn youngster achieves a state of feasibility which allows it the privilege not to be prematurely ended, aside from cases of assault or interbreeding or if having the child is perilous to the mother. (Blackmun) The rights and cutoff points set out in Roe versus Wade speak to what the vast majority in America think about fetus removal, paying little respect to what they think about it ethically. (Gallup) Roe v. Wade isn't the main huge Supreme Court case

Laws and added politics restrict freedom during pregnancy. Rights toward the mother are infringed upon while “fetal rights” are enforced by judicial interventions. It is all about quantity of life not quality of life, they feel supporters are not practicing pro-life but in reality it’s more pro-birth (Jost).

Supreme Court to revisit the legal issues related to abortion, saying, “Good reasons exist for the Court to reevaluate its jurisprudence,” (Denniston) in order to take advances in the medical field into account, as well as the “substantial interest in potential life throughout pregnancy” each state has. (Denniston)

Fetal welfare is about preserving unborn life from destruction. Former Arkansas Gov. Mike Huckabee, former Pennsylvania Sen. Rick Santorum, and even former New York Gov. George Pataki, who unlike the other two accepts the constitutional right to abortion. Pataki proposed “defund[ing] Planned Parenthood” among other limits on fetal tissue research because “we have the right to protect” human “life inside the womb,” “and I think we should protect [it].” (Stem Cell Research: Medical Miracle or Moral Morass?). The Supreme Court has since Roe v. Wade held that, while fetuses are not constitutional persons with rights of their own, the state still has a legitimate interest in protecting “the life of the fetus that may become a child.” (Maternal-Fetal Welfare Committee) This concern for

In the state of Oklahoma, a life begins and feticide is considered viability; which is described as “end of the second trimester when the fetus can live outside the womb; usually at 28 weeks of pregnancy. “(pg.325) However, Oklahoma statute writes, “Okla. Stat. Ann. tit. 21 § 691 (2006) defines unborn child as a human being. Homicide does not include legal abortion or instances of death during normal medical, therapeutic or diagnostic testing. A mother shall not be prosecuted for the death of an unborn child unless the death was a result of criminal behavior.” Likewise, Oklahoma is also very specific when considering the fetus in cases such as assault. For example, an individual that knowingly assaults a pregnant woman commits a misdemeanor; however,

The Unborn Victims of Violence Act is a federal law that establishes a further persecution towards the protection against Fetal Homicide. This policy makes it so that when a pregnant woman is attacked and/or killed, it is viewed as two victims and not one. This criminalizes any injury or death to the child in the utero as a result of violence. At any stage of development, that is carried in the womb, is classified as a victim. This means the child is given human rights and is considered a member of the Homo sapiens, or recognition as a human being (Unborn Victims of Violence Act, 2004).