The Peterson Case and Fetal Homicide Law

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iVillage Member
Registered: 03-22-2003
The Peterson Case and Fetal Homicide Law
1
Sun, 04-27-2003 - 7:44am
There has been some dust up at the statement of a NOW Chapter President from Morris County NJ concerning the charging of Scott Peterson with double homicide for the death of his wife and his son (named, unborn PERHAPS at the time of the murder at a time which is clearly designated as viable) because it is seen as an attempt to 'impinge' on so-called reproductive rights.

Here are the States which carry fetal homicide laws at any stage of development:



AZ, ID, IL, LA, MI, MN, MO, ND, NE, ND, OH, PA, SD, UT, WI

Here are the States which carry fetal homicide laws with varying determinants to applicability:

AR, CA, FL, GA, MA, MS, NV, OK, RI, SC, TN, WA

Here are the States which criminalize certain conduct that terminates pregnancies or causes miscarriages:

IA, IN, KS, NC, NH, NM, VA

Not surprisingly, some of these laws have been challenged and I believe all or most have been upheld. There are some obvious questions which this issue has raised and I am sure they are getting ample coverage and debate and certainly feel free to express your opinions here as well, but I am posing what I believe is a more basic POLITICAL question with some corollaries:

Should there be a NATIONAL Fetal Protection Law along the lines of the Unborn Victims of Violence Act or a similar bill?

If not, touch also on why it is different from having a NATIONAL protection for the Right to Abortion.

If yes, touch also on why this should not be a States Rights issue, such as Right to Abortion laws were prior to Roe v. Wade?



iVillage Member
Registered: 03-26-2003
Sun, 04-27-2003 - 10:03am
>>Should there be a NATIONAL Fetal Protection Law along the lines of the Unborn Victims of Violence Act or a similar bill?

I think so, as long as it constitutes a “violent act” as action taken against the fetus without the Mother’s consent, IMO that would exclude abortion and protect women’s right of choice.


>>If yes, touch also on why this should not be a States Rights issue, such as Right to Abortion laws were prior to Roe v. Wade?

IMO Women’s choices over their pregnancy should be protected BOTH ways and on a Federal level, it’s a slap in the face to ALL of us that it isn’t!