Guest guest Posted March 14, 2004 Report Share Posted March 14, 2004 FYI Check your state for Fetal Homicide Laws. Below is the Utah Supreme Court ruling as to the definition of " unborn child " : Waiting for more factual information on the State of Utah DA criminal prosecution of a woman whose 2nd twin died, allegedly from her refusal to undergo Ceasarean Section. I'm simply attempting to understand the legal basis for the DA " criminal prosecution " . I don't know if her physicians, hospital personnel, social services or anyone informed her of potential criminal prosecution under the State of Utah's Fetal Homicide Law. From the Concerned Women of America Website: Abortion: Conundrums and Common Sense http://www.cwfa.org/articles/5196/LEGAL/life/ " On January 23, the Utah Supreme Court ruled that the state's fetal homicide law, which applies to the unborn from the time of fertilization, is constitutional. The court held in State of Utah v. MacGuire: Therefore, without modifying language to the contrary, the common sense meaning of the term " unborn child " is a human being at any stage of development in utero because once fertilization occurs, an unborn child is an " individual human life " that is " in existence and developing prior to birth. " . . . Consequently, we conclude that the term " unborn child " does not render the criminal homicide statute unconstitutionally vague. We also conclude that the terms " another " and " persons " are not rendered unconstitutionally vague in the aggravated murder statute by the fact that they encompass the term " unborn child. " We therefore affirm the district court on this issue. " Marsha Quote Link to comment Share on other sites More sharing options...
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