October 1973 a controversial case arose from Boston concerning an abortion that caused Kenneth Edelin to be charged with manslaughter according to the Massachusetts law. The abortion was preformed at Boston City Hospital, which at the time was doing an array of experiments on aborted fetuses such as examining the effects fetuses have from substances given to the mother such as the drug being able to cross through into the placenta. Also, according to Mildred Jefferson an assistant professor at Boston University, some of the women who were proceeding with the abortions and allowed their fetuses to be used in the experiments may have been too young to legally consent. But nothing happened to those researchers so it was interesting to see that …show more content…
Viability plays a large role in determining whether Edelin should have been charged with manslaughter or not. According to the Supreme Court, “usually” sometime during weeks 24 to 28 of pregnancy the fetus is considered to have viability. If it is so that the fetus was viable a charge of manslaughter would legally be appropriate but if not than no person had been killed and Edelin being charged with manslaughter wouldn’t have been appropriate. The prosecuting district attorney Flanagan argued that the fetus was viable and since it was viable it was a person. His argument was based around the fact that Edelin waited three minutes to remove the fetus and this caused its death which was a clear indication that he had preformed, “wanton, reckless conduct”. Also, he justified Edelins acts as being manslaughter by explaining that he could have saved the viable fetus and just removed it, since the legal abortion was meant to end pregnancy and not exactly to produce a dead fetus. With this explanation being held against him the jury found him guilty of manslaughter since according to them, the fetus was alive outside her body and that since it was alive, its death was caused by Edelin performing, “wanton, reckless conduct”. Judge McGuire instructed the jury: “You must be satisfied beyond a reasonable doubt . . . that the defended caused the Death of a person who had been alive outside the body of his or her mother.” (Pence, 77). They concluded that Evonne’s fetus was born and if it was born than it was considered a baby. Since it was considered a baby it was ultimately a person because under Massachusetts law those are the requirements for a fetus to be a
One of the most frequently debated topics in bioethics is the morality of abortion, or the ending of a pregnancy without physically giving birth to an infant. Often times abortions are categorized into either spontaneous, a natural miscarriage; induced or intentional, which is premeditated and for any reason; or therapeutic, which albeit intentional, its sole purpose is to save the mother’s life. It seems however that moral conflicts on issue mainly arise when discussing induced abortions. In general, people universally agree it is morally wrong to kill an innocent person and in some people’s eyes induced abortions are the intentional killings of innocent persons, thus making them immoral. However not all individuals view fetuses as persons and consequentially argue it is not morally wrong to kill them.
Before 1820 abortion was legal and practiced, despite the fact that it was a dangerous procedure and more often than not resulted in the death of the mother. it wasn't until after 1821 that abortion started to become regulated and laws were set in place (lewis 2011). in 1879 the first law to be set up was in Connecticut, it was targeted towards merchants that sold poisons to cause miscarriages and drugs to prevent pregnancy and banned the use of the products. By the late 1800s even though abortion was illegal in most states it was still done under the table. Most people didn't get persecuted for illegally performing an abortion, mostly because of a lack of proof that the abortion was performed. the fetus was often disposed of and without
Abortion, the “early ending of a pregnancy” (“Abortion - Topic Overview” 1), was and remains a controversial topic all across the world. Most states, such as Texas, had made abortions illegal. However, Norma L. McCorvey was a Texas resident with an unwanted pregnancy. “At the time, Texas law only allowed for abortion in cases of rape, incest, or to save the life of the mother” (“On This Day” 1). With this, McCorvey was forced to give birth to a child she truthfully did not want; she could not afford to travel to a state where abortion was legal. Therefore, McCorvey, using the alias Jane Roe, sued a man named Henry Wade, a Dallas County State Attorney, who enforced the law of abortion.
There are many limitations valued when it comes to the right of abortion. The news media still outlines the pros and cons of anti-abortion rights in certain-states-to soon, the entire country. My perspectives on the issue of abortion have been entitled from it to never be banned among citizen’s rights. The reproduction of pregnancy has been emphasized heavily on a mother’s decision to abort their child, but the father of the child plays an active role since he considers to that particular title. Through this current issue, majority of the people against abortion do not seem to have an open mind to how much it primarily affects the decision of the mother amongst her own views of considering abortion.
In the news article “Abortion: Every Woman’s Rights” Sharon Smith wrote an article about women’s rights to get abortions prior to the hearing of the Planned Parenthood v. Casey court case, “which threatened to severely restrict women access to abortion” (Smith). Women wanted reproductive control over their lives and felt that they were not equal to men no matter what advances they got at work and how high their level of education was. The women’s right movement wanted women to have the choice of abortion for all women, the rich and the poor. In the US, thirty- seven states did not provide
Abortion is the ending of a pregnancy before birth. An abortion results in the death of the embryo or fetus and may be either spontaneous or induced. For years, abortion has been an extremely controversial subject. The history of abortion reaches back not just decades, but centuries, and even milleniums. Today, policies regarding legal abortion in the U.S. is being debated everywhere. Many myths and misconceptions confuse this issue. A better understanding of the history of abortion in America can help provide a context for an improved policy in the future.
In Judith A. Thomson’s article, ‘A defense of abortion’ Thomson defends her view that in some cases abortion is morally permissible. She takes this stance even with the premise that fetuses upon the moment of conception are in fact regarded as persons. However one criticism of her argument would be that there is a biological relationship between mother and fetus however there is no biological relationship between you and the violinist. Having this biological relationship therefore entails special responsibility upon the mother however there is no responsibility in the case of the violinist. Thomson argues against those who are opposed to abortion with her violinist thought experiment.
There have been many debates over abortion. One of the more famous acts in history about abortion is Roe vs. Wade on January 22, 1973. In this case the U.S. Supreme Court recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions. This includes the decision to have an abortion without interference from politics and regulations, or religion. Therefore, a state may not ban abortion prior to viability.
Abortion, the termination of pregnancy before the fetus is capable of independent life, has been practiced since ancient times. With records dating to 1550 BC, it’s no question that abortion techniques have been used throughout the ages as an effective form of birth control. Pregnancies were terminated through a number of methods, including the use of herbs, sharpened instruments, the application of abdominal pressure, and other techniques. In the 19th century, the English Parliament and the American state legislatures prohibited induced abortion to protect women from surgical procedures that were deemed unsafe. However, in 1973, abortion was legalized as a result of the U.S. Supreme Court rule in Roe v. Wade. This ruling made it possible
Abortion is when a pregnancy is ended by emptying the contents of the womb. An abortion is usually the result of an unwanted pregnancy and is performed in a hospital or an Abortion clinic.
Abortions were widely used in the early eighteen hundreds and kept secret due public scrutineer. Not only were they considered against the law in some places but were risky due to high risk of infection from unsterile equipment used to perform the actions.” Without today’s current technology, maternal and infant mortality rates during childbirth were extraordinarily high. “(National abortion Federation, 2016) as time contained states changed and modified their laws to accommodate political agendas, these opposed to legal abortion had begun to fight absent any stated funded abortion clines. Then there was Roe v. Wade this was the first major Supreme Court battle based on abortion laws and ethics. Roe v. Wade decision of the courts said that they “considered the constitutionality of a Texas statute made it a crime to obtain an abortion except when it was necessary to save the life of the mother”. (Harris, 2014) There was another Supreme Court case that changed the views of the courts based on how they judge the frame work of decision on the trimester model. The ethics involved in this are not just solely left to the mother of the potential life but in the network of people
In the paper titled “A Defense of Abortion” Judith Thomson uses several premises to bring the readers to the conclusion that Abortion is not morally wrong. After reading her paper I have concluded, that abortion is in fact morally wrong, excluding extenuating circumstances. In this paper I will show that abortion is morally wrong by way of the following argument:
The issue of abortion is one of the most sensitive and controversial issues faced by modern societies. This issue leads to topics of whether abortion is right or wrong, if it is the actual killing of a person, and what actually defines the moral status of a fetus. In this paper, I will be arguing against Bonnie Steinbock, who believes that abortions are morally acceptable. So I will be supporting the view that abortions are not morally acceptable.
FACTS The prosecution, Jane Roe, a pregnant single women brought a class action lawsuit in an effort to challenge the laws in Texas surrounding abortion and their constitutionality. Texas laws made it illegal to have an abortion without the medical direction of a medical professional, in which case it would be for the health and well-being of the pregnant mother. The respondents made up of Dr. Hallford who was criminally charged with for violating Texas abortion laws; and a married couple with no children, the Does, who sought to fight the enforcement of Texas abortion laws by the government for being unconstitutional. The defendant was Henry Wade, the county District
Abortion is the termination of a pregnancy. Since 1973 abortion has been an important controversial issue within the United States. 1973 marks the year that the famous Rowe versus Wade case was decided before the Supreme Court. The Supreme Court ruled that abortion be legal and available to all women. Legal abortions can be performed up until the sixteenth week of pregnancy, after sixteen weeks most doctors or clinics will not perform the procedure unless keeping the baby presents a medical risk to the mother. Even in these situations abortions are very risky after sixteen weeks.