FSTDT Forums

Community => Politics and Government => Topic started by: PosthumanHeresy on July 07, 2013, 02:26:03 am

Title: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 02:26:03 am
Read the story here
 (http://www.orlandosentinel.com/news/local/breakingnews/os-abortion-pill-james-welden-20130619,0,1892485.story)

This guy, whose father is a doctor, faked his father's signature to get the abortion pill, and then changed the label to an antibiotic. He tricked his pregnant girlfriend into taking it, and it aborted the pregnancy. This guy is a pile of shit. But, he's being charged of the murder of the fetus. So, that's why I'm posting this (and posting it in the politics section). Should he be able to be charged with murder, or should it be a different crime to cause an abortion, as abortion is legal? Oh, and, it's Florida. Make of that what you will.

EDIT: Found tons more info. The fetus was seven weeks old, and he is facing MANDATORY life in prison under a federal law called the Unborn Victims of Violence Act. He's also being charged with product tampering, and being investigated for mail fraud and witness tampering. The best part? This slimeball got not his main girlfriend of many years pregnant, but his second, more recent one. Yep, he had two. And, even better, he specifically did this to keep it secret from #1. The formerly pregnant girl is a fundie, by the way.

Quote
On March 23, Lee sent Welden a text message about the unborn baby: "I thought of a nice name for whatever it is. Memphis Remington Welden. Kids gonna be a bad ass!"

Welden responded: "Oh God I want to die … Are you serious Remee please don't do this I beg you"

"Don't do what?" she texted back. "Take responsibility for my actions? This isn't about us anymore. It is not it's fault, why should it have to die? You must not be who I thought you were if you are asking me to murder our child."

"I can't I hate myself now," he responded. "Fine I can't do this I am destroyed."


Later on, this conversation was had

Quote
In the recorded conversation, Lee tells Welden she didn't want to force a relationship on him. "If you wanted to go be with Tara, that's fine," she says, according to a transcript excerpted in the prosecution pleading. "Go be with Tara. I woulda had my kid and I woulda been fine with that … I woulda told my parents it was someone else's. I wouldn't have bothered you for money. I wouldn't have bothered you at all."

"I didn't want to be that guy" who doesn't care, Welden responds.

"So you're going to be the guy that goes and just kills the baby without even letting me know?" Lee said. "To save your own precious hide? Right?"

"I guess," Welden said. "If I saved anything I didn't really save anything."


So, yeah, she knew about his other girlfriend the whole time. Still, this guy is even bigger scum than I thought initially.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Witchyjoshy on July 07, 2013, 02:48:45 am
On one hand, the charges are bullshit.

On the other hand, what this guy did was deceive his girlfriend into taking a drug that was unknown to her and altered her body chemistry to cause harm to a part of her body (even if that part was the fetus).  I'm pretty sure that it should be the same charge as whatever "attempting to poison someone" falls under.

Regardless of the charges, I hope this guy either goes to jail or has to do a hefty amount of community service.  OR both.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 02:54:36 am
On one hand, the charges are bullshit.

On the other hand, what this guy did was deceive his girlfriend into taking a drug that was unknown to her and altered her body chemistry to cause harm to a part of her body (even if that part was the fetus).  I'm pretty sure that it should be the same charge as whatever "attempting to poison someone" falls under.

Regardless of the charges, I hope this guy either goes to jail or has to do a hefty amount of community service.  OR both.
I doubt the charges will go away, so he is facing First Degree Murder with a chance for life in prison. And, I fixed the URL. I keep getting it mixed with the Spoiler-text method of making it more than just a URL/spoiler.

Edit: he's also facing product tampering. However, I do not know the age of the fetus. If it was, say, 7 or 8 months, I'd be fine with the charges.

Edit 2: According to the Orlando Sentinel, it's even worse. I'll edit the main page. And, the thing was 7 weeks.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Stormwarden on July 07, 2013, 03:07:45 am
He tricked his pregnant girlfriend into taking an abortion pill, and conduced the abortion. What a sack of shit. I don't agree with murder 1 in this case, depending on the age of the fetus. Voluntary manslaughter, murder 2, would be what I would roll with.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 03:11:40 am
He tricked his pregnant girlfriend into taking an abortion pill, and conduced the abortion. What a sack of shit. I don't agree with murder 1 in this case, depending on the age of the fetus. Voluntary manslaughter, murder 2, would be what I would roll with.
The fetus was seven weeks. It was a ball of cells.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: erictheblue on July 07, 2013, 04:11:47 am
Some states (I know VA is one*) have laws that specifically differentiate between a willing abortion and killing a viable embryo/fetus by willful or negligent action. As it is 4AM at the moment, I'm not going to look to see if FL has such a law. (I'll look later.) If so, that may explain the first degree murder charge.


*
(click to show/hide)
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 04:33:02 am
Some states (I know VA is one*) have laws that specifically differentiate between a willing abortion and killing a viable embryo/fetus by willful or negligent action. As it is 4AM at the moment, I'm not going to look to see if FL has such a law. (I'll look later.) If so, that may explain the first degree murder charge.


*
(click to show/hide)
It's a federal law, the one I cited("he is facing MANDATORY life in prison under a federal law called the Unborn Victims of Violence Act"). So, he's being charged under that. And, your interview? I'm curious here.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Lt. Fred on July 07, 2013, 05:46:39 am
The kid committed a crime. He basically drugged his girfriend. That's a serious offence- he took control over her body away from her, just as Republican policy-makers want to do. Throw him in jail for a year, or give him a longer suspended sentence.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 06:01:42 am
The kid committed a crime. He basically drugged his girfriend. That's a serious offence- he took control over her body away from her, just as Republican policy-makers want to do. Throw him in jail for a year, or give him a longer suspended sentence.
I agree, he drugged her and that's horrible. He didn't murder anything. A 7 week old fetus is literally dumber than a virus.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: MadmanJohnson on July 07, 2013, 06:07:02 am
The fetus is a clump of cells at but it's still manslaughter. Charge the asshat with that and be done with it.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: MrsYoungie on July 07, 2013, 06:12:29 am
It stops being a "clump of cells" the moment the mother decides she is going through with the pregnancy.
A woman's choice is just that.  HER choice.  I'm sorry that this guy didn't want to be a father.  But if we are pro-choice we have to be totally pro-choice.
He is a scum bag.  She is a bit stupid.  But scumbag is much much worse.
I do agree that murder charge is a bit OTT.  But he needs to face some kind of criminal charges.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 06:15:14 am
It stops being a "clump of cells" the moment the mother decides she is going through with the pregnancy.
A woman's choice is just that.  HER choice.  I'm sorry that this guy didn't want to be a father.  But if we are pro-choice we have to be totally pro-choice.
He is a scum bag.  She is a bit stupid.  But scumbag is much much worse.
I do agree that murder charge is a bit OTT.  But he needs to face some kind of criminal charges.
It might be a future baby, but it is a clump of cells. He's a cockwagon, and she's an idiot, and the murder charge is insane. He does need criminal charges, but not for murder.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: MadmanJohnson on July 07, 2013, 06:16:56 am
Is there precedent for this?
(click to show/hide)
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 06:24:45 am
Is there precedent for this?
(click to show/hide)
Well, IIRC, people have been convicted of murder for killing a fetus in a car crash. I'm gonna go google the law.

EDIT: Straight outta Wikipedia: The Unborn Victims of Violence Act of 2004 (Public Law 108-212) is a United States law which recognizes a child in utero as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb".

EDIT 2: I'm not sure if this law applies, even though the news says it does, because it only applies in Federal courts. However, 34, iirc, states have the same exact law. I do not know if Florida is one of them.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: MadmanJohnson on July 07, 2013, 06:43:50 am
YOU SOLD HER BABY EARS FOR 75 DOLLARS! I DAMN YOU TO HELL? Bet you won't get that reference.
http://www.youtube.com/watch?v=iVlkZVAw8Gc
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 06:54:11 am
YOU SOLD HER BABY EARS FOR 75 DOLLARS! I DAMN YOU TO HELL? Bet you won't get that reference.
http://www.youtube.com/watch?v=iVlkZVAw8Gc
Easy. Chick Tract. And then you referenced the Chick Tracts Narm page on TV Tropes.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Sleepy on July 07, 2013, 10:11:55 am
It stops being a "clump of cells" the moment the mother decides she is going through with the pregnancy.
A woman's choice is just that.  HER choice.  I'm sorry that this guy didn't want to be a father.  But if we are pro-choice we have to be totally pro-choice.
He is a scum bag.  She is a bit stupid.  But scumbag is much much worse.
I do agree that murder charge is a bit OTT.  But he needs to face some kind of criminal charges.

Emotionally, perhaps, but physically, it's still not even close to being a baby at that point.

That said, this guy is an asshole for doing this and deserves some jailtime. Just nowhere near a life sentence.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: wrightway on July 07, 2013, 10:16:29 am
He could be charged with attempted murder on the girlfriend. While the abortion pill is relatively safe, there are a few side effects that can result in maternal mortality.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Sleepy on July 07, 2013, 10:18:21 am
I don't think he could be charged with that, given his intent.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: RavynousHunter on July 07, 2013, 10:18:32 am
Couple years in prison plus some heavy, heavy fucking fines.  What he did was cruel, callous, and unjust, but not murder and not deserving of a life term in prison.  Besides, he doesn't even need one: the publicity he'll get from this will eradicate most of his life as it is, he needs little extra help in that regard.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 10:22:37 am
He could be charged with attempted murder on the girlfriend. While the abortion pill is relatively safe, there are a few side effects that can result in maternal mortality.
I'd imagine that, since even using rohypnol on someone doesn't get you an attempted murder charge, he can't get that.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 07, 2013, 10:23:16 am
Couple years in prison plus some heavy, heavy fucking fines.  What he did was cruel, callous, and unjust, but not murder and not deserving of a life term in prison.  Besides, he doesn't even need one: the publicity he'll get from this will eradicate most of his life as it is, he needs little extra help in that regard.
And yeah. Let him take himself out of the world. No employer will hire him after a google search.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Old Viking on July 07, 2013, 02:04:57 pm
Prison, yes.  But a murder charge is idiotic.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Lt. Fred on July 07, 2013, 03:24:39 pm
He could be charged with attempted murder on the girlfriend. While the abortion pill is relatively safe, there are a few side effects that can result in maternal mortality.

Where's the mens rea?
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: anti-nonsense on July 07, 2013, 04:08:54 pm
Charging him with murder is bullshit, but he should definitely be charged with assault, and also with illegal possession and use of prescription drugs (pretty sure getting prescription drugs you aren't entitled to is a crime)
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: wrightway on July 07, 2013, 04:11:28 pm
He could be charged with attempted murder on the girlfriend. While the abortion pill is relatively safe, there are a few side effects that can result in maternal mortality.

Where's the mens rea?

True. It would have been more manslaughter if something had happened to her.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: anti-nonsense on July 07, 2013, 04:14:56 pm
Yeah, he didn't intend to kill her, just the fetus, and like you said, those pills aren't particularly dangerous anyway, if she HAD died there'd be a case for manslaughter, but as is the most he can reasonably be charged with is assault.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Lt. Fred on July 08, 2013, 02:57:51 am
He could be charged with attempted murder on the girlfriend. While the abortion pill is relatively safe, there are a few side effects that can result in maternal mortality.

Where's the mens rea?

True. It would have been more manslaughter if something had happened to her.

Even then the case is thin. A reasonable person would not be concerned that serious harm could be done by an FDA-approved drug.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 08, 2013, 03:28:08 am
Here's the irony. I listed the charges. Absolutely none of them are actually about giving her it. Without the first degree murder charge, they likely would have no crime.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Askold on July 08, 2013, 04:04:35 am
He could be charged with attempted murder on the girlfriend. While the abortion pill is relatively safe, there are a few side effects that can result in maternal mortality.

Where's the mens rea?

True. It would have been more manslaughter if something had happened to her.

Even then the case is thin. A reasonable person would not be concerned that serious harm could be done by an FDA-approved drug.
I'm gonna say no to that. Prescription medicine is not given without said prescription and instructions for its use for a reason. In fact even getting said prescription requires that a medical professional conciders the case and carefully decides the proper medicine and dosage.

For example, medicines for heart failure are prescription drugs and even though they may keep someone with a failing heart alive if I took some of those pills and put a random amount of them into my wife's morning tea she could die from it or at least require medical attention. Simply because a medicine is approved it does not mean that any lay person can choose when and how much to take them. (Besides, IIRC "abortion pills" and morning after pills can have some conciderable side effects.)
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Sigmaleph on July 08, 2013, 08:05:44 am
He could be charged with attempted murder on the girlfriend. While the abortion pill is relatively safe, there are a few side effects that can result in maternal mortality.

Where's the mens rea?

True. It would have been more manslaughter if something had happened to her.

Even then the case is thin. A reasonable person would not be concerned that serious harm could be done by an FDA-approved drug.

This is a drug that is administered in a specific way, in combination with other drugs, and has a number of contraindications that should be checked for. [link (http://www.plannedparenthood.org/health-topics/abortion/abortion-pill-medication-abortion-4354.asp)]. It has the possibility for serious complications, with a risk that is much diminished if the person knows that she's taken the drug and can look for them.

This is not terribly relevant at this point, since it's not what actually happened. But in the hypothetical case that she suffered fatal complications that could've been prevented by administering the drug in the recommended way, or performing the appropriate checks, or medical attention at the right time that she missed because she didn't know to look for symptoms, then I think a manslaughter charge isn't a stretch.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 08, 2013, 09:15:18 am
Note though, his crimes are all linked to the fetus. The mail fraud was for getting it and the witness tampering is only because he's being charged with this. So, he's not in trouble for tricking her into taking it. He's in trouble because the fetus died.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: wrightway on July 08, 2013, 11:57:07 am
Note though, his crimes are all linked to the fetus. The mail fraud was for getting it and the witness tampering is only because he's being charged with this. So, he's not in trouble for tricking her into taking it. He's in trouble because the fetus died.

He at least needs an assault charge for what he did to her.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 08, 2013, 12:30:39 pm
Note though, his crimes are all linked to the fetus. The mail fraud was for getting it and the witness tampering is only because he's being charged with this. So, he's not in trouble for tricking her into taking it. He's in trouble because the fetus died.

He at least needs an assault charge for what he did to her.
I certainly agree, but I don't think they're going to bother with it.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: ScrappyB on July 08, 2013, 02:09:29 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 08, 2013, 02:20:30 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.
I agree, but I do believe if it is born and has fetal alcohol syndrome or damage from smoking, it should be taken away immediately.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Barbarella on July 08, 2013, 02:44:28 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.

I know how to answer that conundrum.....what Mr. Slimy McMenowantbaby did was as anti-choice as banning abortion. The woman wanted to keep the baby but this turkey didn't. It goes both ways. If a woman wants an abortion, that's her right. If a woman want's to go through with the pregnancy & birth the little one, that's her right too. This guy violated this woman's rights (and hurt her in the process).
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: anti-nonsense on July 08, 2013, 03:44:04 pm
I agree, right to choose goes both ways,  women have exactly as much right to choose to keep a baby as they do to abort, and ultimately nobody, not even the father has the right to gainsay them (baring possible severe medical complications with the pregnancy).

Ideally of course, women will listen to their boyfriend/husband's opinion and take it into account when making decisions, but once she decides that should be that.

The fact that the woman in question in this stituation is a fundie idiot ALSO has no bearing on the matter, it doesn't matter if they want to keep the kid for stupid reasons, some people get abortions for stupid reasons too.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: ScrappyB on July 08, 2013, 03:51:01 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.

I know how to answer that conundrum.....what Mr. Slimy McMenowantbaby did was as anti-choice as banning abortion. The woman wanted to keep the baby but this turkey didn't. It goes both ways. If a woman wants an abortion, that's her right. If a woman want's to go through with the pregnancy & birth the little one, that's her right too. This guy violated this woman's rights (and hurt her in the process).

He definitely took her choice away, and he should be charged for harming her. But he should not be charged with murder. Treating a fetus as a legal person under any circumstances opens up a can of worms and gives fuel to the antis.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Meshakhad on July 08, 2013, 04:47:46 pm
I think felony assault charges should be appropriate, as if he'd beaten her to a pulp.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Yla on July 08, 2013, 06:13:18 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.
I agree, but I do believe if it is born and has fetal alcohol syndrome or damage from smoking, it should be taken away immediately.
Taken away... to where, exactly? And why?
From what I know, the most probable fate of a child with FAS in the foster system is so bad that if all the mother did was smoke and drink during pregnancy(knowingly or unknowingly? you didn't specify) I think it'd have better odds staying with her.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 08, 2013, 09:38:25 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.
I agree, but I do believe if it is born and has fetal alcohol syndrome or damage from smoking, it should be taken away immediately.
Taken away... to where, exactly? And why?
From what I know, the most probable fate of a child with FAS in the foster system is so bad that if all the mother did was smoke and drink during pregnancy(knowingly or unknowingly? you didn't specify) I think it'd have better odds staying with her.
I mean, if the infant is born with FAS, it should be in the foster system. There's also birth defects caused by smoking, and those should also get the kid taken from the parents.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Canadian Mojo on July 08, 2013, 10:50:39 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.

I know how to answer that conundrum.....what Mr. Slimy McMenowantbaby did was as anti-choice as banning abortion. The woman wanted to keep the baby but this turkey didn't. It goes both ways. If a woman wants an abortion, that's her right. If a woman want's to go through with the pregnancy & birth the little one, that's her right too. This guy violated this woman's rights (and hurt her in the process).

He definitely took her choice away, and he should be charged for harming her. But he should not be charged with murder. Treating a fetus as a legal person under any circumstances opens up a can of worms and gives fuel to the antis.

Eh, fuck the anti's, they will never understand the subtleties and nuances of a complex issue anyway. Some of them are so black and white in their thinking that rape and incest are gifts from god and that ending needless and ultimately fatal pain and suffering of a fetus or self preservation of the mother is simply selfish. The reality is that a  fetus has as much or as little value as its mother ascribes to it. If she wants it, it is a baby, and killing it is murder to her. If she doesn't want it, it is an invasive clump of cells growing in her body that she is free to dispose of. Of course, understanding and accepting that a fetus can be two things simultaneously depending on where you are looking at it from is far too complex for these people.

Personally, I have no problem with a murder charge -- if that is what the mother wants because that is what the loss is to her.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Witchyjoshy on July 08, 2013, 10:51:39 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.
I agree, but I do believe if it is born and has fetal alcohol syndrome or damage from smoking, it should be taken away immediately.
Taken away... to where, exactly? And why?
From what I know, the most probable fate of a child with FAS in the foster system is so bad that if all the mother did was smoke and drink during pregnancy(knowingly or unknowingly? you didn't specify) I think it'd have better odds staying with her.
I mean, if the infant is born with FAS, it should be in the foster system. There's also birth defects caused by smoking, and those should also get the kid taken from the parents.

So that they can basically grow up never getting adopted and then getting booted out of the system when they hit 18?
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 08, 2013, 11:06:05 pm
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.
I agree, but I do believe if it is born and has fetal alcohol syndrome or damage from smoking, it should be taken away immediately.
Taken away... to where, exactly? And why?
From what I know, the most probable fate of a child with FAS in the foster system is so bad that if all the mother did was smoke and drink during pregnancy(knowingly or unknowingly? you didn't specify) I think it'd have better odds staying with her.
I mean, if the infant is born with FAS, it should be in the foster system. There's also birth defects caused by smoking, and those should also get the kid taken from the parents.

So that they can basically grow up never getting adopted and then getting booted out of the system when they hit 18?
Or, alternatively, grow up in a household that clearly does not give a single solitary flying shit about them, as proven by the fact that their mother chose to drink. I'd obviously want them to aim to place the child with family that isn't idiots, though. But, if the options are abusive family or system kid, I'd prefer system kid, because there's a chance for hope. It's not like we can just kill FAS babies. That would likely be considered unethical and evil. So, our options are to leave them with a mom who gives not a fuck, or try to find family or a loving alternative family.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Valerius on July 09, 2013, 12:34:34 am
The guy is a sack of shit, but I'm against legally treating a fetus as a separate person because it gives the anti-abortion advocates ammunition. "How can it be murder when someone else kills a fetus, but not when an abortion doctor does it?" It also opens the mother up to charges for harming the fetus through her actions. Should mothers who smoke or drink be charged with poisoning the fetus? What about if they do it before they know they're pregnant and stop afterward?

I don't support abortion up until the moment of birth, but IMHO a fetus should not be a legal person until it's actually born.
I agree, but I do believe if it is born and has fetal alcohol syndrome or damage from smoking, it should be taken away immediately.
Taken away... to where, exactly? And why?
From what I know, the most probable fate of a child with FAS in the foster system is so bad that if all the mother did was smoke and drink during pregnancy(knowingly or unknowingly? you didn't specify) I think it'd have better odds staying with her.
I mean, if the infant is born with FAS, it should be in the foster system. There's also birth defects caused by smoking, and those should also get the kid taken from the parents.

So that they can basically grow up never getting adopted and then getting booted out of the system when they hit 18?
Or, alternatively, grow up in a household that clearly does not give a single solitary flying shit about them, as proven by the fact that their mother chose to drink. I'd obviously want them to aim to place the child with family that isn't idiots, though. But, if the options are abusive family or system kid, I'd prefer system kid, because there's a chance for hope. It's not like we can just kill FAS babies. That would likely be considered unethical and evil. So, our options are to leave them with a mom who gives not a fuck, or try to find family or a loving alternative family.

I don't think you can really say that just because the mother drank during pregnancy, even knowing she was pregnant, that means she doesn't care about the fetus. It's not that simple. I'd be willing to bet that, more often than not, the mother knows that she's harming the fetus, but is so hopelessly addicted to alcohol that she can't help herself. It's quite sad, really. There've been cases where once the mother's gotten help overcoming her alcoholism, she becomes a wonderful, loving, caring parent.

In cases where the mother drinks during pregnancy, knows she pregnant, but doesn't care, then i agree with you; she should have her kid taken away. But I don't think it's fair to say that drinking while consciously pregnant = not giving a shit.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Yla on July 09, 2013, 05:02:43 am
Eh, fuck the anti's, they will never understand the subtleties and nuances of a complex issue anyway. Some of them are so black and white in their thinking that rape and incest are gifts from god and that ending needless and ultimately fatal pain and suffering of a fetus or self preservation of the mother is simply selfish. The reality is that a  fetus has as much or as little value as its mother ascribes to it. If she wants it, it is a baby, and killing it is murder to her. If she doesn't want it, it is an invasive clump of cells growing in her body that she is free to dispose of. Of course, understanding and accepting that a fetus can be two things simultaneously depending on where you are looking at it from is far too complex for these people.
Something's/Someone's status and value as a person/potential person is not determined by the feelings or intensity of feelings of one other person.
Quote
Personally, I have no problem with a murder charge -- if that is what the mother wants because that is what the loss is to her.
Justice is not only about placating the victim/the victim's relatives. If you want to give someone a murder trial, there needs to be the death of a person involved somewhere. 'It emotionally felt like murder' is not sufficient.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Distind on July 09, 2013, 06:20:51 am
Sorry, but doesn't this kind of law generally apply to violence or abuse of pregnant women? How is it different that instead of kicking her down stairs or punching her in the gut he slipped her the pill. Same result.

And yes, in this case the mother's feelings about the blob of cells are utterly relevant as they're her cells. If she wants rid of them she can, if she wants to keep them she can. Anyone else making those decisions will face punishment under the law. That'd be a minimum requirement to having control over her pregnancy. If you're arguing against this you're arguing that forced abortion is acceptable, at least to some degree. Something you probably want to think about.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: Yla on July 09, 2013, 06:49:33 am
Sorry, but doesn't this kind of law generally apply to violence or abuse of pregnant women? How is it different that instead of kicking her down stairs or punching her in the gut he slipped her the pill. Same result.

And yes, in this case the mother's feelings about the blob of cells are utterly relevant as they're her cells. If she wants rid of them she can, if she wants to keep them she can. Anyone else making those decisions will face punishment under the law. That'd be a minimum requirement to having control over her pregnancy. If you're arguing against this you're arguing that forced abortion is acceptable, at least to some degree. Something you probably want to think about.
That's not what I meant. Yes, her feelings matter about whether it was a consensual abortion and therefore no crime, or a nonconsensual abortion and therefore a crime. Her feelings however do not matter whether it's assault(on her) only, or assault and murder.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 09, 2013, 08:03:59 am
Sorry, but doesn't this kind of law generally apply to violence or abuse of pregnant women? How is it different that instead of kicking her down stairs or punching her in the gut he slipped her the pill. Same result.

And yes, in this case the mother's feelings about the blob of cells are utterly relevant as they're her cells. If she wants rid of them she can, if she wants to keep them she can. Anyone else making those decisions will face punishment under the law. That'd be a minimum requirement to having control over her pregnancy. If you're arguing against this you're arguing that forced abortion is acceptable, at least to some degree. Something you probably want to think about.
I don't see forced abortion as acceptable, and that goes for any situation. I just don't see it as murder.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: wrightway on July 09, 2013, 03:25:49 pm
I have a cousin with FAS. His parents knew this when they adopted him. FAS is not an automatic ticket to a life in foster care.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: anti-nonsense on July 09, 2013, 03:31:39 pm
Your cousin was lucky, most kids with disabilities aren't that lucky.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: wrightway on July 09, 2013, 03:37:18 pm
Oh, I wish his bio-mother had done him the kindness of aborting him if she couldn't stop drinking. He's a lying, rage fueled, drug addict who routinely steals from family members to get his fix. I was only saying not all FAS rot in foster care.

Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: m52nickerson on July 09, 2013, 07:40:19 pm
I don't see forced abortion as acceptable, and that goes for any situation. I just don't see it as murder.

The law does.  Really calling it murder or not is just semantics, and legal semantics in this case.  What matters is if you think the possible punishment fits the crime or not. 
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: The Right Honourable Mlle Antéchrist on July 09, 2013, 08:03:25 pm
As far as sentencing goes, a couple years jail time (with a chance of early release for involvement in inmate programs and good behavior) followed by a few years probation sounds about right to me. What this guy did is utterly despicable, but life in prison should be reserved for people who are demonstratively beyond rehabilitation.
Title: Re: Man arrested for tricking girlfriend into taking abortion pill
Post by: PosthumanHeresy on July 10, 2013, 02:51:45 pm
As far as sentencing goes, a couple years jail time (with a chance of early release for involvement in inmate programs and good behavior) followed by a few years probation sounds about right to me. What this guy did is utterly despicable, but life in prison should be reserved for people who are demonstratively beyond rehabilitation.
Yeah. At this rate, I hope the jury finds him not guilty, because he's facing a mandatory life sentence if found guilty.