Sunday, 13 December 2009
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Abortion and Feticide
Queens prosecutors say boyfriend Derrick Redd, angry with Delain for refusing to have an abortion, stabbed her six times in the stomach, killing her and the unborn boy she planned to name Aidan.
"I either avoid the problem or I eliminate it," Redd said, according to investigators who interviewed him after Delain's body was found.
Redd, 36, faces a murder charge for the Oct. 25, 2008, slaying of Delain, 25, but nothing for the death of the unborn fetus. nydailynews.com
When abortion is legal, when does the death of an unborn become murder? In the snippet above, it seems clear that the murderer's intention was to kill the unborn fetus. Yet, he is not being charged for the baby.
Should feticide laws somehow follow the guidelines already set up with abortion - that viability is what's taken into account? What if the death of the fetus was not intended or the existence of the fetus is not even known? At what point do we say "this is murder"? But when you can go to a doctor and legally ask to have a fetus extracted, do we ever get to ask that question?
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Comments (122)
Ultimately, only one person was killed. And murder is most commonly defined as the unlawful killing of another person. A fetus is not a person. If it were considered a person, it would mean awful things for ALL pregnant women. It's sad that some men try to take the WOMAN'S choice away from her. Be it forcing her to keep it with threats, or acting as this man did. A woman should be able to choose whether or not to risk her life and body in a pregnancy.
Wow, I had never heard about that story before, so awful. I don't even know what to say I, I would really need to think about this one a bit more.
I believe that pregnancy is a gift from God and we don't have the right to say whether someone born or unborn should live or die, not even the one who is carrying the baby. That baby was still a living being, a person, and has the right that any other person should have. In bible times, if someone harmed a pregnant woman and even if she did not die but the unborn baby did, it was considered manslaughter. I believe firmly in that, life is precious and should be viewed as such. Even if she was not pregnant, I believe he should pay full price for the mother's life. Eye for an eye. In this case, he should also pay for the unborn baby. That baby was completely innocent, and should have had a chance to live just like every one of us.
(DO NOT CAUSE DRAMA WITH ME BECAUSE OF MY POINT OF VIEW, WE ALL HAVE RIGHTS TO OUR OWN OPINION AND I WON'T RESPOND TO ANY NEGATIVE REPLIES TO MY POST, THANKS)
I think there should be some type of harsher sentencing for murdering a pregnant woman, but not charging with two counts of murder. It would be hypocritical to charge someone with another count of murder if the fetus's age was younger than twenty weeks when abortion is generally legal at that point.
That being said I would like the take the man apart with my bare hands.
WHAT THE HECK?! What kind of psycho guy does that? He damn well should be charged for the death of Aidan... and then maybe stabbed in the stomach six times and left to bleed. Creep!!
@Gorrific@xanga - huh? Define the word person.
Since I do consider abortion to be murder I would definately call this a double homicide. If Aidan had been born prematurely and this guy marched into the NICU and stabbed him it would have been murder. I don't see how his location changes his personhood.
I would say he did MURDER the fetus and he should be charged with two murders. I totally disagree with abortion but I think the usual defense of abortion is that it is a woman's choice. Obviously it wasn't the mother's choice for the child to die this way. Its nothing like going to the doctor and getting an abortion. although I think both are wrong and almost equally violent this was malicious and the mother had no choice in the matter so he should be charged with unborn child's murder.
I think the laws differ from state-to-state. In some states he probably would be charged with two murders. Others, not. Personally, I think it should be two murders, not just one.
There have been some cases in the US where a pregnant woman and preborn infant both died at someone else's hands and the killer was charged with murder for both.
I think that's fair enough. Fetuses have their own hearts, brains, and nervous systems distinctive of the mother. And one could argue that his primary goal was to kill the fetus and the mother was just incidental to his purpose. Either way, he sounds like a horrible person. It would be nice if a vasectomy could be mandated.
@Lilpinkbunny@xanga - i completely 1,000% agree with you !
I think it depends on how far along the woman was. If the fetus would have been able to survive, in any capacity, outside the womb, it is murder.
@Lilpinkbunny@xanga - i 100% AGREE with you. and i LOVE your disclaimer!!! Right on!!!
I believe an unborn child is a human person from the beginning (i.e. conception) and that abortion as we know it should be illegal. My only exception would be in the case of the mother's life being in danger. Other than that, I believe abortion to be murder.
With that being said, I most certainly think this man should be charged for two murders. He attacked her specifically to eliminate the child. That is cold-blooded murder if there ever was one.
I agree this man should be charged with two counts murder. Yes the baby wasnt born yet but he must have known she was pregnant as he didn't just stab her oncee.
I don't think it qualifies as two counts of murder, though the fact that she was pregnant should (and, presumably, will) be brought to light in the court room and will very likely be reflected in his sentence.
I find it so funny that people are all for fetus rights. As if you let your kids make their own life choices. Do you emancipate your child so that it has full rights? I mean I know I'm not going to let my 3 year old make all the decisions....
I mean you can say you don't believe in something, and you feel that women shouldn't have that choice all you want, but when your choice is taken away..how are you going to feel about it?
The law doesn't care how you feel, and the law defines life as the medical field does. Brain waves begin around 25 weeks, or the beginning of the third trimester.
And if his only intent was to kill the baby, and the mother happened to be "accidental"...then shouldn't he just be charged with capital murder?
I apologize that this seems so harsh, but I just don't understand why parents shouldn't have the right to choose until the child is born.
I depends on the age of the baby,, most states, and I belive NY is NOT one of them the women has to be more then 24 weeks pregant befor they can do anything. The baby has to beable to live with out the mother. That is when most states would have charged him with 2 counts of murder. My daugher was killed buy a Doctor and I could not do a thing cause in NY they don't say it is a child this it is born LIVING regadless of the age. My daugther was 39 weeks and 5 day. Hope this answers your question.
@RainDropPixie@xanga - they have the right to use precaution against getting pregant if they get pregant and by mistake cause they where careless they should not have a right to KILL that child. But i am not going to debate this I just answered your question
@firetyger@xanga - i agree with you
@Lilpinkbunny@xanga - i 1000% AGREE WITH YOU..
@firetyger@xanga - I think many people miss this fact and it's troublesome.... EVERY pregnancy risks the mother's life. It is not an easy task.
@Lilpinkbunny@xanga - excellently worded! And I agree 100%.
@Gorrific@xanga - "a fetus is not a person"???
Tell that to the pregnant woman who just had her BABY killed! You see, you may think clinically, but what you call a "fetus" was her baby that she planned on carrying to term. So why don't you tell a woman who's baby was just killed, sorry but that blob of tissue you were carrying was just that and not a person, get over it. Yeah, that should make her feel better. (I know this particular woman is dead now thanks to that very evil man)
Abortion is murder, but even if you don't believe that to be true, how can it be OK to kill someone else's child in the womb?
And this is the problem we have created for ourselves when we made abortion legal.
Whether or not the fetus is consittered a person. His intent was to kill that fetus. He even admitted it and didn't get charged!! How the hell does that work. He should be charged with both
Listen people! This asshole,his reasons could specify avoiding child support. Second, why you have to pay hundreds for "eliminate" the baby when you can spend less than 10 bucks for condoms at Wal-mart and contraceptives at Planned Parenthood? That's common sense, people! Wake up!