Oh Oh ... We all know where this discussion is going. Or do we?
The law that allows a separate charge to be filed on behalf of a fetus injured in a crime against the pregnant woman/mother is relatively new. Of course I understand the sentiment, but you already know what I think of this for its implications to human rights and government control over other areas of a woman's choice to autonomy in decision making with respect to her body, particularly because there is so much debate/uncertainty in all communities of "authority" (i.e., scientific, religious, medical, government) as to the status of a fetus as an autonomous individual. It could be likened to a state of reasonable doubt, and therefore, the thin edge of the wedge in establishing "fact" where none exists.
Sentimentality played a big role in this verdict and sentence - naming the unborn fetus was a brilliant maneuver on the part of the prosecution (and/or family). I seriously doubt he would have received the death penalty otherwise. It would be nice if the evidentiary standards were utilied, but the sheer number of innocent people on death row in the US should make it clear that that is really not the priority in their "justice" system.
Personally, I cannot support the death penalty in any circumstance. The leaders and decision makers in any community must uphold a standard of behaviour that exceeds that of its lowest common denominator - and there is no greater an example of a pre-meditated murder than capital punishment.
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Now Goober, not to rub it in (too hard), but ...
You do realize that you and n_v are now "on the same team," right?
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p.s. You are absolutely right trek5 - the fact that violence against women and family/domestic violence is so successfully prevalent* and, therefore, carries outrageous economic, health, and social costs, does render it meaningless as a crime that should be policed and/or prosecuted - After all, only "six in 10 Canadian incidents of spousal homicide involved a history of domestic violence, of which police were aware." [Juristat: Homicide in Canada, 1998, vol. 19, no. 10]. And besides, its really only women (and some kids)** that are being bothered.
I mean, if we used all those LE resources on this kind of frivolous activity, there would be none left on the streets to make sure that the
real criminal low lives of our society aren't having or negotiating sex for money behind closed doors with those harlots!
*
Stats Canada Daily: Family Violence (http://www.statcan.ca/Daily/English/030623/d030623c.htm) said:
One-quarter of all violent crimes reported to a sample of police services in 2001 involved cases of family violence, according to the sixth annual edition of Family violence in Canada: A statistical profile.
Two-thirds of these cases were violence [defined as cases of murder, attempted murder, sexual and physical assault, threats, criminal harassment and other violent offences] committed by a spouse or an ex-spouse , and 85% of the victims were women.
... identified 25 separate occurrences [of domestic violence], with 40 fatalities. The number of fatalities included the deaths of the primary victims, in several instances their children and other family members, and in a number of instances the perpetrator as well.
**
Stats Canada Daily: Homicide (http://www.statcan.ca/Daily/English/020925/d020925b.htm) said:
Most victims of homicide knew their killer. In 2001, about 45% of all solved homicides were committed by an acquaintance, and 43% by a family member.The remaining 13% of victims were killed by a stranger ... In total, 52% of all female [homicide] victims and 8% of all male [homicide] victims in 2001 were killed by an individual with whom they had an intimate relationship at one time, either through marriage or dating. ... Most multiple-victim homicides and murder-suicides were family-related, and the vast majority of accused persons in these types of incidents were male.
For some really shocking analysis of violence and gender, this article is essential:
Violence by Men and Women the Same? A FACT-SHEET ON THE 1999 GENERAL SOCIAL SURVEY