Setanta wrote:Joe will certainly correct me if i misstate this, but i believe that if i cause someone's death through misadventure without intent on my part, i am liable, perhaps for manslaughter, and at least a reasonable target for a wrongful death law suit. If that is so, i would ask the adamant "abortion is murder" crowd if a woman who miscarries is liable. Is she potentially culpable for wrongful death? What if one could assert that her miscarriage resulted from willful but thoughtless behavior, such as drug or alcohol abuse? What if she spontaneously aborted (miscarried the foetus) as a result of vigorous physical exercise?
Well, if there's no intent at all, then the woman can't be charged with a crime, although reckless indifference can be a substitute for intent in certain cases. For instance, if a pregnant woman takes some drug, knowing that it may act as an abortifacient, without regard to the consequences, then, if the drug causes the woman to abort her fetus, I think the doctrinaire "abortion is murder" crowd should want the woman to be charged with manslaughter.
But then, the doctrinaire "abortion isn't murder" crowd might want her to be charged with manslaughter too. Illinois, for instance, has the following statute:
[u]Involuntary Manslaughter and Reckless Homicide of an Unborn Child.[/u] (a) A person who unintentionally kills an unborn child without lawful justification commits involuntary manslaughter of an unborn child if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of death consists of the driving of a motor vehicle, in which case the person commits reckless homicide of an unborn child.
The law, it should be added, does not apply to abortions. It is clear, however, that a woman can be charged with involuntary manslaughter or reckless homicide if she acts in such a way that will likely bring about the death of her fetus, and, as a consequence, her fetus actually dies.