Why Murder Charges Vary for Pregnant Women Depending on Legality of Abortion

The legality of abortion and related laws can lead to significantly different legal outcomes for the deaths of pregnant women. This article explores the reasons behind the discrepancies in legal charges, focusing on the perspectives of both the pro-choice and pro-life movements.

Legal Definitions and Their Impact

Pro-choice advocates often emphasize the distinction between a fetus and a human being. Murder laws in many jurisdictions recognize this distinction, which can impact the severity of charges faced by individuals who act on harmful intentions. For instance, under California Penal Code 187, a murder can be defined as the unlawful killing of a human being or a fetus, with the fetus defined separately from the human being.

Some jurisdictions explicitly state that the unborn fetus is not considered a full human being for the purposes of murder charges, thus distinguishing the legal treatment of a willing abortion from the unauthorized killing of a pregnant woman and her fetus. This can lead to different charges and potentially different penalties being applied.

Historical Context and Legislative Intent

The current legal landscape around murder and abortion is not static. The laws that differentiate the charges in these cases are often the result of specific legislative actions. Historical examples of changes in legislation provide insight into why certain laws were introduced.

For instance, some pro-life legislators introduced legislation to charge individuals with murder if a pregnant woman is killed, even if the fetus is not viable or the mother did not wish to have the pregnancy. This action can be seen as an attempt to align legal outcomes with moral or religious beliefs, rather than purely legal doctrines.

The Absence of Consistency in Legal Interpretation

The lack of consistent legal interpretation can indeed create confusion and frustration. Critics argue that the differences in how the law treats different situations reflect a lack of clarity or understanding about the distinction between a fetus and a human being.

The question of why the law treats a willing abortion differently from an unlawful act of killing a pregnant woman ultimately comes down to the intent behind the laws and the underlying moral or ethical values of the lawmakers. Pro-life advocates may argue that the life of the fetus is as valuable as any other, while pro-choice advocates may argue that the rights of the woman should take precedence.

The legal structure often attempts to reflect society's prevailing ethical viewpoints, which can lead to conflicts of opinion as the boundaries of legal rights and responsibilities are drawn.

Challenging the Double Standard

The seeming double standard in the legal treatment of these cases highlights the importance of clear and consistent legislative language. Questions like why a woman who opts for an abortion is treated differently when killed than a woman who is killed during pregnancy can be a starting point for discussions on legal reform.

The term "choice" is at the heart of this debate. Pro-choice advocates argue that a woman has the right to make decisions about her own body, including the option to terminate a pregnancy. Conversely, pro-life advocates argue that the life of the fetus is also a fundamental right that should not be ignored.

Critics of the current legal system may argue that the parameters of legal rights and responsibilities need to be clarified to ensure fairness and consistency in how the law treats similar situations.

Conclusion

The legal disparities in the treatment of pregnant women who are killed and those who choose to terminate their pregnancies are due to a combination of legislative intent, historical context, and moral or ethical viewpoints. These discrepancies reflect the ongoing debates and challenges in balancing individual rights against the perceived moral right to life.

As societies continue to evolve, it is essential to revisit and potentially reform these laws to ensure that they reflect the shared values and beliefs of the community.

References

[1] California Penal Code 187. Retrieved from

[2] ACLU. (2021). Abortion Laws. Retrieved from

[3] National Conference of State Legislatures. (2022). Abortion Laws. Retrieved from