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Abortion, Murder, Death Penalty

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Topic: Abortion, Murder, Death Penalty
Posted By: oldsoldier
Subject: Abortion, Murder, Death Penalty
Date Posted: 16 March 2005 at 9:04pm
This has been a confussing time for our judiciary, and the decesions are all over the board, with no sense or sanity...

1. Scott Petersen case in California:
A murderer is charged and convicted for the murder of his wife, and unborn child, and recieves the death penalty. The courts of the same state determined previously that a fetus is not life until birth and has no rights, so if the court previously stated that a fetus is not life till birth, how can one be charged with taking a human life, if the court has previously stated that a fetus is not life....and then a normal healthy fetus can be aborted (murdered) by a doctor and the doctor faces no charges, and why isn't the mother charged with conspiricy to commit murder for the conspiring with the doctor for the death of the unborn, if one can be charged in one example of murder for killing the unborn, why not the other?

2. Teri Sciavo case in Florida:
The civil rights people clamor that the death penalty is "cruel and inhuman punishment" and the courts in many states have also agreed, and stopped the death penalty....yet now a court has determined that a young lady in florida is to be put to death for the "crime" of trusting her husband. And this death is a slow agonizing death by starvation, cruel and inhuman?....when the parents of this young lady have agreed to care for her...and her "loving" hubby with girlfreind and "bastard" children will not divorce her or relenquish rights of care to the parents, (even with BIG money incentives by outside private intertests)and the court agrees with him sactioning this "death sentence". What are we missing here.

PS my bet is hubby does not want to chance she wakes up and can talk.....may put him in a bit of a situation relating to her condition...don't ya think?

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Replies:
Posted By: DarkMachine5
Date Posted: 16 March 2005 at 9:07pm
You are right With your first Point. Sorta makes you think. But i dont get the second. Do you have a link to a news story or something?

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Real men make fun of Muslims.
http://www.theqwerty.com - THE QWERTY


Posted By: Clark Kent
Date Posted: 16 March 2005 at 9:11pm
You don't think your particular phrasing of those questions is a bit loaded?


Posted By: oldsoldier
Date Posted: 16 March 2005 at 9:18pm
What is loaded....a simplified version of what the California courts have determined is life in thier abortion decesions, yet in a murder case contridict thier initial determination......

And the Florida courts arguements of the Death Penalty being "cruel and inhuman" yet defacto giving a "death sentence" in a true cruel and inhuman fashion to a disabled young lady by determining that the feeding tube is to be removed and death by starvation and dehydration over a painfull period of days.....seems a tad "cruel and inhuman" to me.

How can either be determined as "loaded" simple comman sense...you can not have it both ways in legal matters, depending on the "court" of agendas

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Posted By: Badsmitty
Date Posted: 16 March 2005 at 9:22pm

But our entire nation calls little dead children in Iraq "collateral damage."  Are our little white American fetuses more precious than little brown Iraqi ones?

Woot!  Getting ready for the March 19 protests!  I even have a few extra days off in case I get arrested.  I hope I get to do a pre-emptive strike on those Protest Warrior fools if they show up.  Smitty'bro is even speaking at it. 



Posted By: Clark Kent
Date Posted: 16 March 2005 at 9:25pm

Oh, come on, OS.  Only Rush Limbaugh thinks your initial post isn't loaded.  Most people here are native speakers of the language, which makes it pretty obvious.

But I'll take the bait anyway - at least as to item 1.  I'll have to do some research before addressing item 2.

I am not sure what this court decision in California is that determined that a fetus is not "life" - a quick search did not show anything.  Please post a link.

As to Scott Peterson - he was convicted by a jury, not a judge.  He was convicted pursuant to a murder statute that specifically addresses the murder of unborn children, a statute that was enacted by the California legislature, consisting of legislatures elected by the voters.  It has nothing to do with judicial decisions.



Posted By: bravecoward
Date Posted: 16 March 2005 at 9:26pm
badsmitty and os call eachother when they post cuase they are always in pairs

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Posted By: Rypaintball
Date Posted: 16 March 2005 at 9:27pm
ok its a fetis but it is alive or it wouldnt grow, tho it cant feel anything and has no thoughts its alive and if u remover it and it dies then u killed it abortion is wrong becasue if the baby is born it WILL grow into a human (if its not a miscarrage wich there is no way of predicting) if u drop a watermelon off a building and some how get it to stop half way of u let it keep going it WILL hit the ground and WILL splat just ike if u stop a baby form growing half way if u let it go it WILL develop and the death penalty is rightfully deserved for this crime eye for an eye...


Posted By: Badsmitty
Date Posted: 16 March 2005 at 9:28pm

Originally posted by bravecoward bravecoward wrote:

badsmitty and os call eachother when they post cuase they are always in pairs

We live in the same duplex. 



Posted By: Panda Man
Date Posted: 16 March 2005 at 9:29pm
dont know dont care...

killing a criminal is just a better way to free up space.



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Posted By: Rypaintball
Date Posted: 16 March 2005 at 9:30pm
dead children and other innocent people will occur in war, its jiust wahat happens when cities are bombed but our "little hite american children" arent more improtant but if someone was bombing the US then there would be the same outcome and u pretesters are all the same u have nothing better to do and u complain too much ntohing will ever be perfect **edited** happens soget over it!


Posted By: DBibeau855
Date Posted: 16 March 2005 at 9:30pm
The supreme court is ruining this contry. They call their rulings opinions for a reason. And i think, pro life lawyers will use this case as a president for fetal rights.

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http://www.last.fm/user/DBibeau855/?chartstyle=myspacecolors">


Posted By: Badsmitty
Date Posted: 16 March 2005 at 9:35pm

Originally posted by Rypaintball Rypaintball wrote:

dead children and other innocent people will occur in war, its jiust wahat happens when cities are bombed but our "little hite american children" arent more improtant but if someone was bombing the US then there would be the same outcome and u pretesters are all the same u have nothing better to do and u complain too much ntohing will ever be perfect **edited** happens soget over it!

Thank you.  I appreciate your validation of my point.



Posted By: oldsoldier
Date Posted: 16 March 2005 at 9:38pm
Hey smitty's..are you brave enough to go over and protest the insurgent bombings against their own "little brown ones" or other insurgent "freedom fighters" acts against thier own people......I bet the score of Iraqi children and non combatants killed by insurgent bombings is higher than our "body count" of innocents...(oh and even Saddams body count is higher by a couple hundred thousand before we "invaded" that peacefull part of the world, and why no protests then by our usual suspects, when brown kills brown its OK, only if america "kills" is it considered unjust by our leftist peace lovers)

Oh by the way catch the NY Times story about the systematic looting of WMD facilities by the Iraqis prior to the ceasation of hostilities...I thought there were no WMD's or facilities to loot, according to the DNC talking point memos of the past..............geeze can't you liberals get your stories straight.....

And protesting the liberation of others while you enjoy your liberty to do so.........gotta love liberals................

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Posted By: Snipa69
Date Posted: 16 March 2005 at 9:39pm
Before one should be allowed to post such a claim about abortion, I feel that he or she should atleast educate themselves on the subject. That does not entail just reading up on abortion, but the stages a human embryo takes while developing. So yes, OS, your first post is more loaded than the pistol under my bed.

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Posted By: Badsmitty
Date Posted: 16 March 2005 at 9:46pm
O.S. are you still trying to make W.M.D.'s exist?  Even Shrub has given it up after firing everyone under his tutelage who said they weren't there.  C'mon, admit it, you're really Wolfowitz aren't you.  The war will pay for itself, right?


Posted By: Clark Kent
Date Posted: 16 March 2005 at 9:47pm

Ok - as to point 2.

Terry Schiavo unfortunately did not have a living will, which makes it a bad case study for right-to-die questions, because it raises factual issues.

But - HAD she had a living will, the tube would have been removed a long time earlier, because long-established state law in Florida respects such documents.  The only question here was whether the hubby was lying or not.  While an interesting question, it has absolutely NOTHING to do with the underlying law.

The only relevant court decision in the Schiavo case was the decision to overturn the last-minute-and-obviously-inconstitutional law enacted specifically to address this particular case.  Those types of laws have always been unconsitutional, and for good reason.

So the Schiavo case also has nothing to do with the judiciary.

 

As to the death penalty - TMK courts have overturned specific death penalty statutes only as they relate to minors and the mentally disabled.  I do not believe they have ever stated that the death penalty itself is a problem, just the application.  Unless I am misinformed, your claim here is simply wrong.

Similarly, two consecutive Illinois governors independantly concluded that they had to stop executions in Illinois, not because the death penalty was itself wrong, but because it was being unfairly applied.  This had absolutely nothing to do with the judiciary either.

 

So, in conclusion - I don't see how either points 1 or 2 relate to your general hard-on for the judiciary.



Posted By: Clark Kent
Date Posted: 16 March 2005 at 10:05pm

Oh - and I forgot to mention that the Florida law regarding living wills was also enacted by the legislature...

So please explain how ANY of this has ANYTHING to do with the judiciary.



Posted By: 636andy636
Date Posted: 16 March 2005 at 11:27pm


Posted By: Hades
Date Posted: 16 March 2005 at 11:45pm
The answer to the question regarding Scott Petersen's case is as follows:

California law defines Murder: First Degree as follows:

187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
   (b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
   (1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.
   (2) The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
   (3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.

   (c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.

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Posted By: oldsoldier
Date Posted: 17 March 2005 at 5:43am
How the laws originate is not the question, the true question from a moral standpoint is: If it is considered murder to kill the unborn in one case, why is the abortion of a normal healthy unborn not taken in the same light, it is still the stopping of a normal beating heart, a life, illregardless of definition and by whose agenda, the taking of a life, one case it is considered murder, the other a convienience......

As for Teri, again a moral question....Illregardless of living will or other legal agendas, a human life will suffer a "cruel and inhuman" death based on an agenda, where there are people willing and able to care for this person, this life, and the courts have determined again based on an agenda that Teri's life is forfiet based not on moral grounds, but at the will of one man, whose personal agenda is a tad bit questionable, who may have in one way or another contributed to her condition.

The courts who recently seem able and more than times than not ready to interpret legeslative matters illregardless of popular vote, and see matters based on thier personal "opinions" over the popular vote, make these two issues very relevant.
In the writtings of our forefathers we as Americans are given a basic right to: Life, Liberty, and the persuit of Happiness, yet our legal proffesion has made opinions where they can determine what is the definition of "life" and and in each case above have decided based on the "inperfect" laws of man that the unborn may suffer a fate of convienience, and that a life may be terminated because of an agenda.

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Posted By: Clark Kent
Date Posted: 17 March 2005 at 8:12am

Ok, you raise legitimate questions as to the relationship between murder laws, abortion laws, right-to-life laws, and death penalty laws.

Those are complex issues and certainly worth discussing, and I will be happy to do so.

But what does that have to do with courts interpreting legislative matters?  There was no judicial interpretation in any of the cases you mentioned, only legislative law enforced as written.



Posted By: oldsoldier
Date Posted: 18 March 2005 at 8:54pm
My question is on the courts "opinions" on each issue, are they true to the scope and intent of the legislated relavent laws or as each put it the stated "opinion" of the presiding judge.

To err on life would be the moral calling above the legal calling to many in the Sciavo case....and many judges are questioning their fellow judges decesion in this case based on the merits and presented evidense of Teri's obvious reaction to her mothers voice, and the lack of life sustaining equipment for heart or breathing, she is alive, only non-communitive in a way we can understand.

To make a determination that a life be it new born, or in a coma, is expendable and when it becomes a matter of convienience to terminate that life, for whatever reason, where does the line stop, maybe later based on the case law here, someday everyone above the age of say 75 will be considered a burden on society and by a matter of convienience to society will be terminated as not to cause further suffering of the aged, thier family, and society as a whole.

We have by legislative act in our constitution a right to "LIFE, LIBERTY, and the Persuit of Happiness" and a court, a judge decided that Teri does not have the inalienable right to life based on his "opinion".

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Posted By: Clark Kent
Date Posted: 18 March 2005 at 9:10pm

Peterson:  No judge involvement.  Not in the law, not in the guilty verdict, not in the death penalty.  All voters, legislators, and jurors.  No judges.

Schiavo:  No judge involvement in the creation of a law that very clearly states that a person may elect to die.  The judge did not create or interpret the law.  The ONLY judge involvement is as to the matter of fact - NOT law or policy - of whether Schiavo had in fact directed her own death.  If the facts indicate that she did, it WOULD be judicial activism (which I know you hate) for the judge to do anything other than order her death.

Living wills are enforced every day.  If the facts supported the judge's decision, they did.  I wasn't in the courtroom, and neither were you, so we don't really know what the testimony was.  But to make a factual conclusion based on your obvious prejudice against living wills and euthanasia is the exact same thing as that judicial activism you hate so much.

You can't lay these at the feet of the evil judges, OS - you just can't.

 



Posted By: oldsoldier
Date Posted: 18 March 2005 at 9:19pm
I lay blame each on those of power, be it judge, polititian or citizen who under the guise of law takes a life that may one day after birth that many of these people try to prevent, be a benifit to society, or living human being in todays era of medical wonders may wake, and as of today does not have that chance because of an agenda.

Does a law make an idea moral? Or do moral ideals come above the law?

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Posted By: Clark Kent
Date Posted: 18 March 2005 at 9:29pm

Originally posted by OS now OS now wrote:

I lay blame each on those of power, be it judge, polititian or citizen who under the guise of law takes a life that may one day after birth that many of these people try to prevent, be a benifit to society, or living human being in todays era of medical wonders may wake, and as of today does not have that chance because of an agenda.

Originally posted by OS original post OS original post wrote:

This has been a confussing time for our judiciary, and the decesions are all over the board, with no sense or sanity... 

...The courts of the same state ...the court previously stated ......the court has previously stated ...

...the courts in many states have also agreed, and stopped the death penalty....yet now a court has determined that a young lady in florida is to be put to death for the "crime" of trusting her husband...the court agrees with him sactioning this "death sentence".

 

So your position now is that it has NOT been a confusing time for the judiciary, but instead that the millions of people around the world who support living wills are ... something?

Have you stepped away from your position that this is all the judiciary's doing?



Posted By: Dune
Date Posted: 18 March 2005 at 9:58pm

The Supreme Court is ruining the country? Wow what a bad statement.

Anyways. In my perspective, Peterson should not have gotten the death penalty, mainly because I am against it. As well, laws binding those in California do not match Florida, leaving certain things irrelavant. However, the fact being OJ and Robert Blake got off, while Peterson was convicted on circumstantial evidence is mind boggling.




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