I say try these "miscarriage/ stillbirth as a result of a violent crime" cases in regards to the loss of pregnancy, in civil court- but also, if a woman wants to press charges for the attack on HER, then she should push for the person being tried for aggravated battery on a pregnant woman.
What do you suppose should be the damages awarded for such a case in civil court? Do you really think there is a monetary value that would make such a criminal be punished as well as a jail term? I just doubt many of the people willing to abuse or kill a pregnant woman are millionaires......
So? Who said that she would be awarded millions anyways?? That could be considered frivolous, anyways, because the proof has to be that the fetus died at his hands, and not by natural causes, anyways. And why millions? Why not a few grand?? I am sure plenty of women would be more than happy with a few thousand dollars, for compensation. Million dollar fetuses. Get fucking real.
3- Drug abuse.. Uh didn't Michael Jackson and Elvis both unknowingly die from contraindications or being prescribed doses that were too high in their drug use? Assuming that the woman is not using any illegal drugs (which is practically an oxymoron, by the way) then how can this even be proven?
She may have just moved into a house where meth used to be cooked. She may not have any clue what kinds of drugs she is being fed. Besides, the proof (I saw this mentioned earlier) is not enough that a fetus was miscarried or stillborn, or born with abnormalities/ dysfunction. That happens all the time, anyways, for natural reasons.
4- Should it be prosecuted, if she is in possession of illegal drugs? Sure- to the same extent anyone else is prosecuted, including men. USING drugs indicates that she was driving or already neglecting or abusing her own children, etc, and drug use was already reported or suspected. Women should not be subjected to random drug tests/ beathalyzer tests by the gov't just because they are pregnant. That is absurd.
3 - isn't Jackson's doctor being held accountable? Anna Nicole Smith's? Prescription drug abuse is the same as illegal drug abuse and the doctors are considered responsible if they act as "dealers" especially if it results in harm and especially death of a person they are responsible for. [/quote]
Exactly my point. MJ and Elvis were not pregnant, though, and one would have to prove that the time of death of the fetus was at the same time as the time of death of the mother, for the same cause, and not caused by a forseeable contraindication that the doctor would have known about. Also, Doctors are generally criminally immune and often times civilly immune, in cases of health care administered in "good faith", so even the doctor for MJ might not be on the hook for anything HE ACTUALLY did WRONG.
4- Considering the drain on society associated with defects from drug/alcohol abuse in utero I don't think it's such a stretch for doctors to add a drug screening to any one of the numerous general blood tests performed during pregnancy. If nothing else THAT could be an early indication of a need for treatment for the mother.
Drug tests by doctors are personal and private health related information. Not admissable. Doctor Patient Privilege and privacy rights. Besides, most women who are on all kinds of drugs are not going to pay for a fucking drug test, or even go see the doctor and get the necessary prenatal care, because they don't have jobs, and are generally uninsured, and lack the resources required to apply for the benefits they need.
With fetal alcohol syndrome, what the hell- If someone doesn't expect to be pregnant and does not even KNOW they are pregnant then how can any tests help at all??? Thats a bullcrap response.
The separation here is intent. You can not knowingly harm a person you do not know exists. Once the pregnancy is determined though- you can't play the "I didn't know" card with any amount of legitimacy.
According to the violence against unborn persons act, knowledge of the pregnancy is not a necessary tool to convict. Look it up, she linked it. That is why I am basing my arguments on the lack of knowledge. It is not fair to women.
Do you know of responsible drug users? Anybody that can't abstain from alcohol to the point it shows in a newborn's blood system needs to realize there IS a problem.
We aren't discussing newborns here, we are discussing fetuses who are stillborn. Please understand the difference.
And yes I know a few dozen drug users, a few who are social workers, a few who head up big companies, lawyers, cops, some big time musicians, and many many more who are employed, and work for an hourly wage. They smoke pot. Marijuana is not hazardous to anyone!!
PS- Walt Disney World is NOT a drug free workplace. They do not drug test there. Where do you think all that magic comes from, in the Magic Kingdom? LMAO!!!
Also, saying that someone should get treatment or have the children removed, because there ended up being a problem for the born children, also implies that children who witness abuse, or get injured by an abusive parent, should also be removed, even though the mother left and went to a safe house to protect her children, after. Should the abuser get treatment, in all cases, too? Or should the woman's kids get taken away, because of something happening that (like the pregnancy or fetal alcohol syndrome) could not be prevented because she could not forsee it happening?
I honestly don't understand what you are saying here. Are you referring to a parent that would somehow be completely unaware that beating their child or allowing them to witness abuse could be damaging to the child?
Again- you are jumping from one concept to another, from born children to an embryo who the mother does not even know is inside of her, who gets injured by alcohol or drug use, and is taken away from her even though she got sober and clean when she found out she was pregnant. Make the connection please. A person has to be pregnant for a couple weeks before they find out, usually. You can't criminalize someone for having a beer, even if they KNEW they were pregnant. It is not a big fucking deal, dude.
I don't even think that fetal alcohol syndrome is even REAL. It is FAR too rare to be real. It is probably some bullshit NAME made up to describe some other ailment that doctors do not understand, based on the sole fact that the women had a drink early on, or late into the pregnancy. It is just an anti abortionist, bullshit means of trying to find one more way to criminalize women, by hateful fucking misogynists. Basically, the site below will confirm to you that FAS is really just a NEW birth defect, like down's syndrome. The procedure for diagnosis leaves a LOT of question marks, because the doctors can STOP and JUST diagnose FAS, rather than going on and doing more tests to see if there is an actual underlying condition that is more treatable, and won't destroy the mother emotionally.
FAS - State of Alaska DHSS Fetal Alcohol Syndrome Website
[FONT=Times New Roman, Times, serif]A diagnosis of alcohol-related effects may also be made with or without confirmed maternal alcohol exposure.[/FONT]
Not to mention the fact that our bodies actually CREATE alcohol through the food and drinks we consume.
Drinking May Alter Thyroid Function
Janary 18, 2002
JTO News Summary
A new study found that drinking alcohol may alter thyroid function in pregnant women and their unborn children, Reuters reported Jan. 16.
The study by researchers at Texas A&M University was conducted on mother sheep and their unborn lambs. The researchers simulated human binge-drinking behavior in sheep that were in their third trimester of pregnancy. The sheep were given either doses of alcohol or saline solution for three days, followed by four days with no alcohol or saline. The researchers then measured levels of thyroid hormone in the animals' blood.
The researchers discovered that alcohol consumption reduced the levels of thyroid hormone in both the sheep and the fetus.
"The administration of alcohol to sheep during the equivalent of the third trimester of pregnancy resulted in altered thyroid function in both the mother and fetus," said lead researcher Dr. Timothy A. Cudd.
Since thyroid hormone is necessary for proper brain development in humans, the study may provide a link between thyroid function and alcohol-related birth defects.
The study is published in the January issue of the journal
Alcoholism: Clinical and Experimental Research 2002;26:53-58
So, apparently, it must also be that thyroid DYSFUNCTION can also cause brain damage.. which is obviously the ultimate CAUSE of FAS. Again, no INTENT.
PS- I am not trying to claim that FAS is non existent altogether, but it is being treated much the same damn way ADHD kids are diagnosed and then treated with waivers and shit for their standardized tests and all that.. Another bullshit condition, used as an excuse for Doctors to not do their jobs right, and for schools to waive kids with poor focus (maybe from a vitamin deficiency even) so that they can keep their jobs and the school can get their bonuses. Check all that standardized test pay scheduling out on your own time, but here is a list of conditions that mimic ADHD, which will be completely overlooked all because some doctor is too moronic or lazy to do their job right.
50 Conditions that mimic ADHD « Take note…..my cleansing journey
I am not against people getting treatment, or kids getting taken from the parents for abuse or neglect problems that were forseeable, etc.. I just ask that people be consistent in their assertions of this type.
The problem as I see it is there is no consistency in place. I am curious as to the average ordinary citizen's opinion. What do those NOT involved in these situations feel is in the best interest of the child?
Having the child removed, at least temporarily, as I just said. When I say consistency, I mean consistency across the board, if this fetus shit was to fly. There logically cant be different standard set with fetuses than with children, if any
legitimate legal protections would be afforded to a fetus..
Should they? Absolutely. Problem - no consensus on what is considered abuse. Some here feel using drugs during pregnancy is abuse. Some feel it isn't. Some think spanking is. Some think it isn't.
Well, that logic goes hand in hand with "I agree with ABC laws but not XYZ other laws, or the MNO aspect of XYZ law, because making this criminal is okay but that criminal statute doesn't suit me."
And that is where autonomy comes into play, with pregnant women, and I close the book. =)
It may be possible for them to become not abusive but the child should not have to wait for that day to come. Give them a chance at a stable life while the ADULT goes to straighten themselves out. If the adult gets it together- they can try to start fresh w/a new family- maybe pay back karmic debt by taking in an abused child.
Why would a woman and man who got their shit together, and followed all the rules have to be forced to stay away from their own kid indefinitely?? How does that help the kid? That is absurd!!!
I just don't support shuffling a kid back and forth waiting for the person that is supposed to be grown up to get it together.
They don't shuffle kids back and forth with parents. They take the kids once, and if the parents dont try to make it work for the kids, then the kids are put into a series of foster homes, where they will likely get beaten, sexually abused, and neglected even worse than they did at home.
I guess you don't know many people who spent their entire childhood in foster care, but I have known a few, and they had a ROUGH time of it.
The fact is- people who have BEEN THROUGH abuse are simply EASIER TO Abuse. And the people who do the abusing get away with it more and more, the older the child gets, and the more ACCUSTOMED to it they become. They begin to EXPECT to be abused. Yes- they DO. It SUCKS but that is how it works. That is why battered women will break up with one guy, wait the expected period of time to get into another relationship, and then end up at square one. They don't know how to expect to be treated, are extremely apologetic, and people take advantage of this, so they end up neglected and abused. Everyone has an abuser in them, I believe. It is just a matter of finding someone willing to put up with it. That is the trouble with foster homes. Too many kids getting abused, undetected, because rather than recovering, they are in the same situation, in concept, that they were in before.
Yep I agree with that.. People can become sober. Plus, drinking in and of itself is not neglectful or abusive towards children.
Drinking is not. Abusing alcohol around children is. It is not safe to have a child exposed to drunk adults.
How so?
PS- most people who ABUSE alcohol rarely get drunk.
A four year old might not be able to be trusted to answer the door or phone, or be left alone for longer than 15 minutes, but four year olds can often times make a sandwich themselves, or even a hot dog, in the microwave. My son took the initiative to make his own hot dogs, because he ate so many of them when he was little, he wanted to be able to do it himself. I showed him which button to push on the microwave (30 seconds) and he did it, and he was not quite four and a half. I supervised him doing this for a good month or so, but once he got into a good habit of how to remove it safely, and to wait for the dog to cool down, before eating it, I no longer had to be all that concerned about it. The only rule after that was that he let me know when he is having a hot dog, because of the choking hazard associated with hot dogs and little kids.
I find that explaining things to my kid helps him to not resist my authority in the matter. I know some people say "bcause I said so", but that doesn't teach a kid anything but to be submissive. To me, that is the worst kind of neglect out there- failure to educate your own offspring. Better to tll them why you decided something, and give them the power of making informed decisions later, rather than just rebelling and not understanding your whole logic behind those decisions of "no", earlier in their lives.
Do you think you would have the patience and understanding to take this time with your child if you were drunk or high?
Yeah I used to smoke pot every day, after my son was born. Did it for at least a year. My son always had a clean diaper, a fresh bottle, medical care, love and attention, etc. I got high a few times after that, not recently, but never had any problems then either. I have also been drunk around my kid, too. (two beers and I am drunk!) Even took him to a few bars. What is the big deal? My dad smoked pot when I was younger, not in front of me, and he was a board certified trial lawyer. He was also a functional alcoholic. Always had a beer in his hand. Canned Budweiser.
I have no idea how often he got drunk..
Actually- My sister said that she had to drive him home from the bar one night, when she was 11. It was a small town, though, and we both already had lots of driving experience on our little private road, so it was not THAT big of a deal. That was about 25 years ago.. But that kind of thing, that is screwed up. She said she had to do it one time, but that was all. He could have asked someone to drive us home, or waited and slept in the truck with us overnight, but I am afraid that would have been more scary than my sister driving, lol. I don't even remember it, myself. I often wonder if that was a figment of her imagination.. But anyways, driving drunk is the worst thing to do, and having a skilled younger, not yet of age, is GENERALLY the next worst thing to do, IMHO.. But in our situation, it wasn't technically a bad decision, even though it was technically illegal. My sister had been writing the governor, her congressmen, etc, to try to get them to lower the legal driving age to 12, because she knew the whole driver's handbook cover to cover, and could parallel park and everything!! LOL!!! So.. It just depends on the situation, I think. =)