If abortion is considered murder then why is miscarriage not considered manslaughter?

Update:

Apparently some people don't know what manslaughter means so here is the definition:

The crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.

Update 2:

Well if the miscarriage was cause by the woman drinking or smoking then would it be manslaughter?

Update 3:

That's my point Toke. Why would we charge a woman for murder when non-intentional fetus death is not a crime?

16 Answers

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  • 7 years ago
    Favorite Answer

    and whom would we charge? when the miscarriage is caused by defect of the fetus? do we drag the FSM, parm be upon him, into court for not wrapping his noodly appendage around the unborn?

    rAmen brother, rAmen

    PS: Okay.....there have been prosecutions in certain jurisdictions & I believe at least one wanna be babby daddy who sued....

    See, where I live this all came to a head a number of years ago. There was a fairly well known to authorities sniffer lady (bangs a rag, inhales solvents) who has something like 13 or 14 kids already in foster care. None of these kids are what one would call healthy, by any stretch of the imagination. Universal healthcare in Canada, it falls upon everyone to pay for these pregnancies & the government of course to foster these children.

    Now, back to this woman, who is quite intellectually challenged. I can't remember if she always was or if it was just sniff related.....IF I remember correctly, the sniff made a bad situation worse.

    Because of her lifestyle of being out of it & living on the streets, she was a frequent victim of rape. She could not recall any consensual sex at any point & the cops had broken up more than one rape with her passed out in a filthy alley somewhere.

    Okay....so fast forward. CFS - child & family services sought out a guardianship on her & petitioned the court to have her sterilized.

    HOLY HELL - talk about your polarizing debates. Even internally I am somewhat torn.....

    They did seek to charge her at one point with child endangerment - on her unborn - but she was clearly not fit to defend herself in any meaningful way......during this time, the local papers focused a lot on similar cases from elsewhere.....

    I do know a lady who had a miscarriage while driving in Saudi Arabia was charged with something a couple of years ago.....

    So, it comes down to, if peeps want to live in a country where laws are based on religious ideas, they exist already.....move there.......

    PPS: I was agreeing with you, brother.....but then your additional details got me thinking of more, LOL.....

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  • ?
    Lv 4
    7 years ago

    I would say yes. If a woman is drinking or doing drugs which cause her child to die then yes that's manslaughter. If a person takes medication that causes their child to die or have disabilities then the woman sues the manufacturer of the medication. In the cause of drug abuse the woman chose to do something which caused harm to another human.

    If a woman had a deformity or disease that resulted in a miscarriage, that would not be manslaughter any more than a person with an illness fainting on the detonator of a bomb. This woman would have no choice in the matter which wouldn't be manslaughter.

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  • 7 years ago

    Good question, I've asked this in the past too and got no answer. Fundies aren't very consistent. Let's for example imagine a pregnant woman goes riding and has a riding accident which causes the fetus to abort. If abortion was murder then this would be accidental manslaughter.

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  • 7 years ago

    Actually, there have been some pushes toward that -- basically criminalizing pregnancy, unless the pregnant woman lives her life in every way perfectly (in THEIR lights, of course).

    I've seen suggestions that women who get pregnant and use drugs be locked up the entire pregnancy, for instance.

    Of course, there is some move to charge two counts when someone murders a pregnant woman. Some who oppose this say that it will lead to complete criminalization of abortion; their opponents say "See, these people have no value for the human growing inside a woman."

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  • 7 years ago

    Clever question, probably rhetorical. But if not, I think manslaughter has to have some kind of active participation in the mechanism that caused the death. The woman is the construct wherein the fetus resides. It would be like prosecuting the building where someone slipped and whacked their noggin.

    Dr. D

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  • 7 years ago

    If a sober woman gets startled by a bee while driving, and ends up accidentally killing somebody, no charges would be filed, so…

    If that miscarriage was caused by the woman getting startled by a bee…same thing.

    *slams gavel down*

    Case dismissed. Defendant is free to go (with recommendation to use birth control in the future, grumble mumble).

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  • 7 years ago

    You can mock about things that many families consider tragedies? You get my vote for troll of the week, pard. You're a heel, too.

    A miscarriage is something that happens on its own, without will or intent from others.

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  • Mel
    Lv 7
    7 years ago

    The answer lies in "intention" and whether the "acting agent" is nature or a human being. Miscarriage, unless artificially induced, is a naturally occurring biological process; whereas an aborted fetus, UNLESS OCCURRING NATURALLY, is an artificially and intentionally induced procedure.

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  • Anonymous
    7 years ago

    When a woman's body rejects the fetus most doctors try to give us something to stop it.

    when the mother goes to an abortion doctor to get rid of the baby unborn human being inside her because she does not want it

    THAT IS IRRESPONSIBLE, IN REBELLION TO GOD AND IT IS MURDERS THE BABY.

    IF SOMEONE JABBED A PAIR OF SCISSORS INTO THE BASE OF YOUR SKULL WOULD YOU SCREAM OUT IN PAIN AND AGONY?

    SO DOES THIS LITTLE TINY BABY.

    THERE SHOULD NEVER BE A TIME TO ABORT 5 MILLION BABIES THIS IS INCONCEIVABLE THAT THIS MANY ABORTIONS WOULD BE WARRANTED.

    WAKE UP OH BEARDED ONE AND GO TO AN ABORTION CLINIC AND START LISTENING TO UNBORN BABIES SCREAMING AND CRYING IN PILES OF THEM PLACED ONE ON TOP OF THE OTHER.

    ARE YOU SO CRUEL THAT IT WOULD NOT AFFECT YOU?

    I WILL TELL YOU WHO IS INHUMAN IT IS THOSE WHO BELIEVE THEY ARE DOING A GOOD DEED BY MURDERING BABIES

    Source(s): CAMILLE- MOST HORRIFIC PRACTICE KNOWN TO MAN
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  • 7 years ago

    I get you. The law does not currently define abortion as murder. And manslaughter is not immoral, i.e. if you drop a paint bucket from 50 feet on accident and it hits someone in the head.

    But, say it were, if the woman was told by a professional that she should not smoke or drink, there should be a possibility of prosecution if she lost the baby because of it.

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