My humble opinion: Fetal homicide laws should not apply to a mother who aborts, but they should apply to third parties who kill a fetus while they are violating the rights of the mother.
That is your opinion, I get that.
I'm still trying to get a little more information than only that.
Like you just said, you think a person who (even accidentally) kills a child in the womb during a criminal act should be charged with murder. However, if the woman DELIBERATELY pays Planned Parenthood to kill it herself.... there should be no charges against her at all.
Do you at least see the conflicts of legal interests in that?
Do you think anyone convicted under a fetal homicide law is not going to be quick to point that double standard out to a judge to at least TRY to get their conviction overturned?
The difference is third party involvement and that third party intentionally violating the rights of the pregnant woman.
Big difference. Huge.
When the "third party" is charged with "murder" for killing a child in the womb. . . How is that a crime against the mother?
The murder charge for killing the child in the womb does not mean the woman's rights were violated. It means the CHILDS rights were violated.
Exactly! But by definition and by necessity in the event, a pregnant female is involved.
The difference is HER decision. Her 51% say in the relationship with her unborn child gives her the right to decide.
Some asshole deciding to assault her is an apples to oranges comparison. The pregnant female, the unborn child and the asshole who assaults them all have 100% equal protection under the law until a jury determines otherwise. If a jury decides that the asshole violated the rights of either or both, appropriate punishment needs to be delivered by the state.
As I said, this is my opinion of how our criminal justice should work - there is no right or wrong answer here, only differing political opinions.
Surely you are aware that there are limits to when a woman can and can not get an abortion.
So, your claim that she has 2% more rights than the child she is carrying has. . . is not indefinite.
Do you support term limits on abortion?
If you do, then what is your justification for telling a woman she can NOT abort anymore after a certain point?
Abortions should never be illegal, the women's right to life and health should always be prime, but I support limits on elective abortions.