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If Abortions Were Made Illegal, How Much Jail Time Should A Woman Get for Having One?
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Rob - 01:07pm on 07/30/2007
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Regardless, the obvious answer to the question is: The woman should be charged with premeditated murder and sentenced with whatever punishment is associated with that in the jurisdiction she’s being tried in.

No Rob, that is completely incorrect.

The doctor is performing an illegal medical proceedure.  And there are existing laws to handle this including loss of his/her medical license, jail time, and fines.

Inside their apartment on the East Side of Manhattan and in another in a two-story home in Queens, Iris and Eliezer Fernandez made grand promises—youth, delivered in a series of injections—and generally asked for only a small amount of cash in return, the authorities said. Men and women came to their door seeking fewer wrinkles, pouty lips, larger breasts.

Instead, the authorities said, the patients ended up scarred, disfigured and in most cases hospitalized after the Fernandezes, who held no American medical licenses, injected them with a drug similar to Botox. Ms. Fernandez told investigators she had a dental license in Venezuela, the police said.

The Fernandezes have admitted to two cases of performing medical procedures without a license, and they are suspected in two more, the authorities said. But they are not believed to be the only ones in the city performing the procedure.

In all, the authorities said, nine cases have been reported since mid-June, and in eight of them, those who had undergone the procedure ended up being hospitalized with life-threatening infections. The police said at least two of those were believed to have been performed by a transsexual named Natasha in Washington Heights, but they provided few details on those cases. One investigator said the total number of victims could grow to 50 or even 100.

This is akin to performing a medical procedure without a license.  Two sides of the same coin.

And that is the real issue.  This is a medical procedure.  States are allowed to regulate the medical procedures in their states based on existing laws.  Medical procedures do not constitute interstate commerce and therefore are a province of the state because of the 10th Amendment.

There is no need to target the patients that go to an unlicensed provider to get breast implants or botox or steroids or whatever.  The provider of drugs is who we target.  And states have the regulatory authority to charge unlicensed providers or providers providing illegal services and do it for all other medical procedures.

You treat abortion just like any other medical procedure and then by authority of the executive and legislative branches, you regulate the medical community and define the terms of practice.

Justin B. - 02:07pm on 07/30/2007

So then what happens to a doctor that performs abortions in a state illegally or an individual without a medical license who does one?  In the first case the doctor loses their medical license and ability to practice in the state.  In both cases, they get fined significantly and sentenced to jail time. 

You start doing that and all the sudden women will not be able to find someone to give them an abortion.  Doctors that want to do it will go to states where they can.  Planned Parenthood will shut down or change their habits and recommendations.  They may refer women to cross state lines, then it is a crime of transporting a minor across state lines for an illegal medical procedure if the parents are not involved.  (solves parental notification issue)

And assume that several states will allow it still.  How do you propose mandating a first degree murder sentence in South Dakota for it while North Dakota allows it?

Justin B. - 02:07pm on 07/30/2007

Why don’t you do some homework and find out what the penalties were.  After all, it was illegal for a long time in this country.  While you are at it, find out how many children died while getting abortions and how many were sterilized. 

Why don’t we move even further.  It should be attempted murder for a man to masturbate.  After all, each one of those sperm had a chance to become a life and he killed them all.  When a woman loses an egg it is because the egg is no good anymore and she has takes no action, so you can’t blame her.  But the men!  Do we add up the death of each sperm as a separate count in the penalty phase?

I also think we should force the government to follow every pregnant woman to see what she eats, if she smokes or drinks.  Since living in NYC is the equivalent of smoking 3 packs a day, I think that all pregnant women in NY should be sentenced as well.  Perhaps not life, but whatever you get for child endangerment.

And all those rape victims.  Well, we should just go right ahead and tie them down for the 9 months because you just know that they are going to be really problematic and fight back as hard as they can. 

Now, what to do with those pesky idiot who tried to use birth control and failed.  They have created a life not wanted.  I think there should be a penalty for that as well. 

Women are chattel anyway.  We all know it. They always have been.

As soon as there is a law that if a woman gets pregnant and doesn’t want the child, the father will be forced to become the main caregiver, have to give up on his career, and make sure he spends at least 14 hours of every day at home with the child all this nonsense would stop.

But it is so easy to force another person to do what you want them to do.  Especially women. As I said before:  women are chattel:  property:  and nothing they desire has any right entering the discussion.

If she has cancer and the cancer treatments would kill the fetus:  too bad.  If she is gang raped:  too bad.  And if you are going to allow an abortion in either of those instances you are a sniveling spineless coward who has no courage of your convictions.  So pick one:  either women mean nothing or they mean everything in this equation.  You can’t have it both ways.

Jennifer - 02:07pm on 07/30/2007

/what about the men who pay for the dirty deed. Ever hear of brain damage if you beat her enough because the whole family are part of a drug cartell. She will get one. cnn Barbara Star you are part of this whole problem Why do you not want to level with the prez and talk about the Native American flag you follow. Hermin how about your following of Star. I was raised by a war hero of two wars. A volunteer How dare any of you put him down in Belcourt and work with Warner Bros stealing info from my copyrights where god is mentioned and my grandfathers servic. and passing them on to people who know how to roll a good joint and thats it.

marie - 03:07pm on 07/30/2007

I see abortion protesters as I do Cindy Sheehan. They protest thinking that if they stop one thing from happening then the entire problem is solved and the world is a perfect place to live in. Reality bites and just because they stop abortion or the war from being legal (per say) that doesn’t alleviate any of the extremely crucial and serious issues that remain.

Anna - 03:07pm on 07/30/2007

It should be attempted murder for a man to masturbate.  After all, each one of those sperm had a chance to become a life and he killed them all.

Sperms aren’t life.  They have the potential to become life.  As opposed to a fertilized female egg that is implanted in the womb and growing.

I love it when a bunch of red-faced pro-abortion women show up for an abortion thread.  So many people rationalizing the murder of unborn children because that’s more convenient than actually taking responsibility for one’s actions.

Rob - 03:07pm on 07/30/2007

Women are chattel anyway.

No, we are treating you like an adult.  If you choose to have sex you need to accept the result of your actions.  You are treating the baby like chattel.  It is not your property to be disposed of because it is part of your body.  It is not part of your body it is a separate human being with its own genetic code.  In fact, hormones are needed to suppress your immune system to keep it alive and your body from rejecting it.  If you don’t want a baby, don’t have sex.  It is simple.

Greg - 03:07pm on 07/30/2007

The woman should be charged with premeditated murder and sentenced with whatever punishment is associated with that in the jurisdiction she’s being tried in.

That’s certainly one way to look at it however I tend to side with Justin who wrote that the person committing the abortion is the principle culprit. It can be done but it’s very difficult for a women to abort by herself without injuring herself sometimes seriously.

On the legal side, when the abortion question was a states issue (which is really is) the states independently dealt with it based on the desires of their constituents.  I think that is where the abortion question belongs and the Federal government should butt out.

docdave - 04:07pm on 07/30/2007

Very true Greg .. I also believe that there would be a lot less desire for abortions if the mother could count on the father taking his share of responsibility.
You see Greg, our society does mothers such an injustice by raising their boys to believe sex is a game and go out and have your fun .. sew your wild oat before you get tied down etc.
Society neglects to teach boys what is expected of them. Until we teach them what is expected and morally correct of them ... they will continue to avoid responsibility for their actions.
Perhaps an excellent start could be showing the boys the very wise statement I once heard someone say:

If you don’t want a baby, don’t have sex.  It is simple.

Anna - 04:07pm on 07/30/2007

On the legal side, when the abortion question was a states issue (which is really is) the states independently dealt with it based on the desires of their constituents.  I think that is where the abortion question belongs and the Federal government should butt out.

Ditto.

The Whistler - 04:07pm on 07/30/2007
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