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There seems to be a contradiction in our laws allowing abortion but also punishing attempted murder of unborn fetuses. Restaurateur accused of poisoning girlfriend to cause miscarriage
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In short, no. However, the harming of a fetus almost always harms the mother, and so such an initiation of force would fall under assault. But should someone be charged for murder for forcefully stoping the gestation of a fetus? No. They should be charged with someone else that fits the context of the crime.
The answer, of course, depends on whether or not the abortion is a murder. If yes, then yes; if no, then no. (So the real question is when, if ever, is abortion murder?)
It's not a contradiction if a lawful abortion is viewed as a form of justifiable homicide.
Of course, such a view depends on the view that termination of the life of a fetus (at least at some stage of development) is a homicide, which depends on the view that a fetus is (at least at some stage of development) a human. But even if one doesn't agree with that view, I don't think it's appropriate to say that it is a contradiction.
Anyway, not all homicide is murder. Not all homicide is even punishable as a crime.
Under California law, murder is "the unlawful killing of a human being, or a fetus, with malice aforethought." Then they go on to exempt certain abortions.
http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s187
I thought ALL fetuses are "unborn!"
LOL.
Anthony thank you for the link to to CA law. I had previously heard that CA had such "killing a fetus is murder" statutes, making an exception for a voluntary abortion.