The main issue in regards to the federal protection of a fetus is whether to treat the mother and child as two separate entities or as one single person. Parties to both sides of the argument provide very compelling reasons as to why one should be considered over the other. For example, prosecutors argue that the fetus should be considered a separate entity from the mother and that any harm that is caused to the fetus by another, including the mother, should be considered a criminal act (Elliott, 2013). Opponents, however, argue that this could backfire and jeopardize a woman’s right to choose an abortion and therefore prefer to only recognize the mother as the only victim (NCSL, 2015). Another issue involves the way each state differentiate …show more content…
This case involves a 23yr old female who was 5 ½ months along who took four pills to induce labor. She delivered on the way to the hospital and the fetus did not survive. She was charged with murder. Now the director for the anti-abortion group, “Georgia right to Life,” has never encountered a situation like this before and was very surprised by it all. District Attorney Greg Edwards was unsure whether he would ultimately prosecute Jones and Lynn Paltrow, attorney and executive director of National Advocates for Pregnant Woman, was at odds because of Georgia’s case law which specifically prohibits prosecuting women for feticide involving their own pregnancies.
This article can be found at http://talkingpointsmemo.com/news/georgia-woman-charged-murder-abortion-pill.
References:
(2015). Fetal homicide laws. NCSL.org. Retrieved from http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx#State Laws
Elliott, J. (2013). Analysis: Fetal homicide laws not consistent in U.S.; Opponents say laws to protect life of the fetus could jeopardize right to choose. LegalNews.com retrieved from