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Kenneth Edelin's Abortion Case Study

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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

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