Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

There IS a reason the Scott Peterson trial is very important

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU
 
Must_B_Free Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:38 PM
Original message
There IS a reason the Scott Peterson trial is very important
This is all about the death penalty and Murder of the unborn.

It would behoov Bush to deliver the Evangelical a human sacrifice at the hands of the state here. They want some blood. They could get a charge out of an expedient execution. Maybe roll Gonzales into it somehow.

Printer Friendly | Permalink |  | Top
yojon Donating Member (419 posts) Send PM | Profile | Ignore Fri Nov-12-04 04:39 PM
Response to Original message
1. Public stoning perhaps?
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:39 PM
Response to Original message
2. They are squawking already
Printer Friendly | Permalink |  | Top
 
Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:41 PM
Response to Reply #2
8. Even a first degree conviction would be consistent with Roe
:shrug:

I have no clue as to why first degree was not the verdict in connor's case. It's entirely consistent with the standard set in Roe v. Wade.
Printer Friendly | Permalink |  | Top
 
Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:40 PM
Response to Original message
3. The conviction for second degree murder is consistent with Roe
Sorry, but there is a defined state interest due to the fact that the child was within days of a natural birth. This conviction is entirely consistent with Roe.
Printer Friendly | Permalink |  | Top
 
juliagoolia Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:40 PM
Response to Original message
4. It sets precedent to the "personhood" of the fetus
It gives legal rights to the unborn person. Now where does that line begin or end?

Printer Friendly | Permalink |  | Top
 
Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:44 PM
Response to Reply #4
12. It's entirely consistent with Roe!
Don't believe me? Read the decision:

3. State criminal abortion laws, like those involved here, that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. Though the State cannot override that right, it has legitimate interests in protecting both the pregnant woman's health and the potentiality of human life, each of which interests grows and reaches a "compelling" point at various stages of the woman's approach to term. Pp. 147-164.

(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. Pp. 163, 164.

(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. Pp. 163, 164.

(c) For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother. Pp. 163-164; 164-165.

4. The State may define the term "physician" to mean only a physician currently licensed by the State, and may proscribe any abortion by a person who is not a physician as so defined. P. 165.

5. It is unnecessary to decide the injunctive relief issue since the Texas authorities will doubtless fully recognize the Court's ruling <410 U.S. 113, 115> that the Texas criminal abortion statutes are unconstitutional. P. 166.
Printer Friendly | Permalink |  | Top
 
Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:14 PM
Response to Reply #12
16. Really?
A. The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. 51 On the other hand, the appellee conceded on reargument 52 that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.




The Constitution does not define "person" in so many words. Section 1 of the Fourteenth Amendment contains three references to "person." The first, in defining "citizens," speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause. "Person" is used in other places in the Constitution: in the listing of qualifications for Representatives and Senators, Art. I, § 2, cl. 2, and § 3, cl. 3; in the Apportionment Clause, Art. I, § 2, cl. 3; 53 in the Migration and Importation provision, Art. I, § 9, cl. 1; in the Emolument Clause, Art. I, § 9, cl. 8; in the Electors provisions, Art. II, § 1, cl. 2, and the superseded cl. 3; in the provision outlining qualifications for the office of President, Art. II, § 1, cl. 5; in the Extradition provisions, Art. IV, § 2, cl. 2, and the superseded Fugitive Slave Clause 3; and in the Fifth, Twelfth, and Twenty-second Amendments, as well as in §§ 2 and 3 of the Fourteenth Amendment. But in nearly all these instances, the use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible pre-natal application. 54

Printer Friendly | Permalink |  | Top
 
Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:22 PM
Response to Reply #16
22. The question is regulation at viability
Roe is clear, the state has a compelling interest in the fetus when it is viable.
Printer Friendly | Permalink |  | Top
 
izzie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:24 PM
Response to Reply #4
23. It does fall under some laws already. I do think
A child not born yet but father dies does come under the law in many ways.It has the same rights as any child born in that marriage. Child would come under wills, SS, and I think many other things. A child could be cut off in a will, I think. by saying children already born and names but it is usually classed as just a natural child of the dead father and living mother. Do we have a lawyer on here?
Printer Friendly | Permalink |  | Top
 
Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:31 PM
Response to Reply #23
25. Under property law an unborn child is regarded as
A life in potential.

Printer Friendly | Permalink |  | Top
 
SheilaT Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:40 PM
Response to Original message
5. And most importantly,
it keeps us from focusing on trivial issues like a stolen election, an illegal war, a crappy economy.
Printer Friendly | Permalink |  | Top
 
stevedeshazer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:00 PM
Response to Reply #5
15. Thank you for stating the real reason for this media focus n/t
Printer Friendly | Permalink |  | Top
 
Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:40 PM
Response to Original message
6. There are several reasons
1) Gives fodder to the anti-choicers

2) Gives fodder to the pro capital punishment crowd

3) Confirms that we've entered the age of trial by media
Printer Friendly | Permalink |  | Top
 
Killarney Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:41 PM
Response to Original message
7. I can't believe all the Scott Petersen apologists coming out of the
woodwork.

A woman and her baby were killed! Connor was due any day, he was viable.

I for one am glad that this crime is being punished.

And I'm a pro-choice atheist.
Printer Friendly | Permalink |  | Top
 
Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:58 PM
Response to Reply #7
14. Will you still be singing the same tune
When "Connor's Law" is used as a legal precedent to help overturn Roe v. Wade?
Printer Friendly | Permalink |  | Top
 
hollywood926 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:18 PM
Response to Reply #14
20. I still don't understand what one thing has to do with the other...
Aborting an eight-month-old fetus is NOT legal - never has been. How could they use this case to overturn Roe v. Wade?
Printer Friendly | Permalink |  | Top
 
Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:26 PM
Response to Reply #20
24. Ok, I'll explain
One of the reasons the majority arrived at its decision in Roe v. Wade was that there were no decisions that granted the unborn "person" status, and consequently, a "right to life."

The definition of murder is: The unlawful killing of a human being by another human being with malice aforethought.

By convicting a man of murder for the death of a pregnant woman's unborn fetus, legal precedent has been set for granting person status to the unborn.

And by granting person status to the unborn, precedent has now been given for protecting the "right to life" of the unborn.

Everything in Anglo-American jurisprudence is based on precedent.

Printer Friendly | Permalink |  | Top
 
rinsd Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:47 PM
Response to Reply #14
26. Well....if it hasn't swept the nation....
This stems from the Keeler decision in 1970 and was upheld by the CA Supreme Court in 1994.

This isn't about choice.

Here's a helpful page that gives the brief synopsis of feticide

http://members.aol.com/abtrbng/feticide.htm
Printer Friendly | Permalink |  | Top
 
Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:16 PM
Response to Reply #7
18. Oh my!
Apologists for the justice system. The horror!
Printer Friendly | Permalink |  | Top
 
mountainvue Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:18 PM
Response to Reply #7
19. I'm not apologizing for Peterson
but for justice which I do not think was served in this case. What the hell is happening to this country?
Printer Friendly | Permalink |  | Top
 
liberalnurse Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:41 PM
Response to Original message
9. It was all about the fetus......
Fundies get leverage for ultimate goal...Criminalize abortions.
Printer Friendly | Permalink |  | Top
 
Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:41 PM
Response to Original message
10. Because they can ignore the real news, like who is
getting killed in Falluja today.
Printer Friendly | Permalink |  | Top
 
LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:43 PM
Response to Reply #10
11. The media wouldn't report it even if it wasn't for Scott Peterson.
:eyes:
Printer Friendly | Permalink |  | Top
 
DebJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 04:51 PM
Response to Original message
13. the second reason is that it keeps real issues off the news for
very very extended periods of time.
Printer Friendly | Permalink |  | Top
 
mountainvue Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:15 PM
Response to Original message
17. All you had to do was look at the lynch
Edited on Fri Nov-12-04 05:16 PM by mountainvue
mob outside that courthouse.
Printer Friendly | Permalink |  | Top
 
graywarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-12-04 05:19 PM
Response to Original message
21. How long has this been going on?
It's like a weekly series, like Survivor.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Fri Apr 26th 2024, 05:18 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC