Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    Yah,  I thought there might be more to the story:

    "The district attorney argued that methamphetamine detected in Buckhalter's system caused Hayley Jade's death. The state Supreme Court, which heard oral arguments on the case on April 2, is expected to rule soon on whether the prosecution can move forward."

    So, using drugs and 8 months pregnant?  No responsibility there?

    I find it amazing that the left will distrot or eliminate facts in order to make something appearto be what it is not.

    Keep trying.  makes you look foolish.

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    Why should every miscarriabe a homicide inquiry?

     

    DOES every miscarriage have a homicide inquiry? Or is this just more hyperbole??.

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to WhatDoYouWantNow's comment:

    Why should every miscarriabe a homicide inquiry?

    You religious zealots are terrifying.




    May be just the ones with suspected illegal drug use.

    You anti-morality radicals are terrifying

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    BTW: the stereotype of language in the title is bigotted.

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    Greg:  The case is still pending and the higher courts are determining if the woman can be charged.

    I don't care for slippery slope arguments, but the fact is women miscarry and deliver still born children through no fault of their own all the time.  Potentially criminalizing such a traumatic event is inhumane to me.

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to WhatDoYouWantNow's comment:

     

    In response to skeeter20's comment:

     

    Yah,  I thought there might be more to the story:

    "The district attorney argued that methamphetamine detected in Buckhalter's system caused Hayley Jade's death. The state Supreme Court, which heard oral arguments on the case on April 2, is expected to rule soon on whether the prosecution can move forward."

    So, using drugs and 8 months pregnant?  No responsibility there?

    I find it amazing that the left will distrot or eliminate facts in order to make something appearto be what it is not.

    Keep trying.  makes you look foolish.

     




     

    Why should every miscarriabe a homicide inquiry?

    You religious zealots are terrifying.

     



    Becasue it is not.  And, it has nothing to do with religion.  This woman is a drug user, while pregnant.  She took drugs, and her 8 month pregancy ended with a dead baby.

     

    You "zealots" on the left are amazing.  you never seem to put all the facts out there. As dishonest as it gets.

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to A_Concerned_Citizen's comment:

    But as McDuff pointed out in oral arguments before the Supreme Court last month, even the state's law defining homicide as including the killing of a child at "every stage of gestation" includes a specific exemption for women seeking a legal abortion. If a woman can legally terminate an unwanted pregnancy, he argued, how can she be jailed for unintentionally ending a wanted one?




    So, where is the "legal abortion" issue in this case? 8 months pregnant is well beyond any standard for legal abortion.

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to DamainAllen's comment:

    Greg:  The case is still pending and the higher courts are determining if the woman can be charged.

    I don't care for slippery slope arguments, but the fact is women miscarry and deliver still born children through no fault of their own all the time.  Potentially criminalizing such a traumatic event is inhumane to me.



    Taking illegal drugs, getting high, while 8 months pregnant,  is no fault of here own?

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to skeeter20's comment:

    In response to DamainAllen's comment:

     

    Greg:  The case is still pending and the higher courts are determining if the woman can be charged.

    I don't care for slippery slope arguments, but the fact is women miscarry and deliver still born children through no fault of their own all the time.  Potentially criminalizing such a traumatic event is inhumane to me.

     



    Taking illegal drugs, getting high, while 8 months pregnant,  is no fault of here own?

     




    If it can be proven that the drugs caused the child to die, I have no issue with prosecuting.  The problem is often times laws are vague and people who not meant to get swept up end up harmed as a result.  As far as this specific case is concerned it should be criminally negligent to use drugs while pregnant and charges should be filed against someone who kills their child due to drug abuse.  But I think the evidence has to be 100 percent conclusive, otherwise we may end up with women having to make criminal statements for miscarrying or having stillborn babies regardless of whether they did anything to cause it, and I think that would be a step too far. 

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to DamainAllen's comment:

     

    In response to skeeter20's comment:

     

    In response to DamainAllen's comment:

     

    Greg:  The case is still pending and the higher courts are determining if the woman can be charged.

    I don't care for slippery slope arguments, but the fact is women miscarry and deliver still born children through no fault of their own all the time.  Potentially criminalizing such a traumatic event is inhumane to me.

     



    Taking illegal drugs, getting high, while 8 months pregnant,  is no fault of here own?

     

     




    If it can be proven that the drugs caused the child to die, I have no issue with prosecuting.  The problem is often times laws are vague and people who not meant to get swept up end up harmed as a result.  As far as this specific case is concerned it should be criminally negligent to use drugs while pregnant and charges should be filed against someone who kills their child due to drug abuse.  But I think the evidence has to be 100 percent conclusive, otherwise we may end up with women having to make criminal statements for miscarrying or having stillborn babies regardless of whether they did anything to cause it, and I think that would be a step too far. 

     

     




    If the woman has an explanation that makes sense for the drugs, I agree. But, I fail to see why women are exempt from the typical discovery process, i.e. 100% sure of the charge, simply because they were pregnant.

     

     

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to skeeter20's comment:


    If the woman has an explanation that makes sense for the drugs, I agree. But, I fail to see why women are exempt from the typical discovery process, i.e. 100% sure of the charge, simply because they were pregnant.




    Your comment goes to the core of my point, which is women miscarry and have stillborn babies with alarming frequency, criminalizing that to an extent where women have to deal with police questions isn't a path I think we need to travel.  If doctors suspect foul play or negligence in some way contributed to the pregancy not being viable they have to alert the police.  I don't see this type of criminal proceeding as being a solution to anything, we have safeguards in place.  Obviously the women mentioned in the OP was not immune to the existing law, so why make more, which can only place an undue burden on many women going through an already traumatic expericence.  

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to WhatDoYouWantNow's comment:

    Calling yourself more moral than other people must feel good. No wonder you do it all the time.



    Wasnt speaking in terms of "I".

    If a child is still born and the review by medical examiners or other professional indicates or has reason to believe possible drug use by the mother contributed then we as a nation or morally obligated to investigate. imho

     

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to WhatDoYouWantNow's comment:

    True, you simply alled me an anti-morality radical. Are you an anti-morality conservative?

     I was responding to your rhetoric of religious zealots.

     

    Read the indictment. Christ: "did willfully, unlawfully, feloniously, kill Hayley Jade Buckhalter, a human being, by culpable negligence."


    This is NOT a homicide. As greg said, maybe something involving "negligent." But without this 'wilfull business'.

    The notion that we're going to investigate mothers for deliberate homicide whenever there is a miscarriage is going too far.

    If the fetus is under viability, then it is logically inconsistent with Roe to investigate for anything. The exact same result as an abortion obtained.

    If the fetus is past viability, I am open to creating a separate charge like negligent homicide aka involuntary manslaughter. Those tend to have lesser sentences that indicate the complete lack of bad intent, just criminal negligence.

    The article doesn't say whether this is manslaughter vs. involuntary manslaughter, and there is usually a big difference in terms of punishment.

    You do not need any religion to conclude that if, a woman is pregnant and willfully use an unlaw substance methamphetamines that result in the death of the un born child through miscarriage then she should be held accountible for the felonious act.




     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to A_Concerned_Citizen's comment:


    And what if she excersises too hard or eats the wrong foods or any of the other myriad of activities that could potentially cause a miscarriage?


    None of those activities are illegal. Use of Methamphetamines is.

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to WhatDoYouWantNow's comment:


    No, he's right.

    In a negligence-based manslaughter case, the legality or illegality of the activity leading to miscarriage would be 100% irrelevant. What would be relevant is the medical testimony regarding the likelihood of the activity leading to miscarriage, and the jury's view of whether or not it would be negligent to fail to know of.....or know of but fail to respect...that knowledge.

     



    Willful. Knowingly did some thing known to be extremely dangerous to the baby.

    Execise and eating habits are arbitrary usless a medical professional stated that continued consumption of a legal substance would severely endanger the unborn child to her.

     

     
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    Re: Had a miscarriage in Mississippi? There's about to be a jailin' up in here.

    In response to A_Concerned_Citizen's comment:

    She could knowingly take presciption medication that could cause a miscarriage and that would be fine?

    She could do absolutely anything that has been shown as elevating the risk of a miscarriage as long as that activity is legal?




    no, those cases would be arguable as to wrong doing and willful knowledge of the effects.

    Shooting, smoking or snorting methamphetimines is less ambiguous.

     
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