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I would say skillery's last post points out the problem in excruciating detail. The woman was on coke. Of course she seemed nuts, she was altering her brain chemistry. I would think taking coke and killing your child is pretty clearly premeditated murder.
Posts: 2283 | Registered: Dec 2003
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"And a law professor finds it disturbing that she was charged with murder?" "Surprised at that law professor from BYU." "I can't believe they're charging her with anything."
Nothing unusual about a rat's patootie DA politically hamming it up for his voter base. Though I do wonder about Utahans re-electing the type of governors and legislators who would appoint the "We don't hafta care what the Law says" justices of the UtahSupremeCourt.
"Courts have long recognized a patient's right to make health care decisions free from governmental intrusion." Though they did rule that states could ask for proof of a patient's desire, "The United States Supreme Court recently reaffirmed that an individual "has a constitutionally protected liberty interest in refusing unwanted medical treatment" in Cruzan v. Missouri Department of Health."
Specifically inregards to refusing medically recommended CaesarianSections, even the extremely conservative US Court of Appeals for the District of Columbia "has rejected the rationale that women may be compelled to undergo surgery simply because they chose to become pregnant, stating unequivocally that "a fetus cannot have rights in this respect superior to those of a person who has already been born." Neither the viability of the fetus nor the potential harm to it are factors that can be used to justify overiding the woman's wishes."
So while the DA may* have grounds for prosecuting the woman if he can prove cocaine abuse caused the miscarriage, his original charge of murder for failing to follow medical advice was pure unadulterated abuse of his governmental office to practice legal malice.
*It would still be testing the borderlines of established Law.
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Ann Rowland just pled guilty to two counts of child endangerment. Each count carries a prison term of zero to five years and up to $5000 fine. The prison terms may be served concurrently. Local speculation is that she will end up in a mental institution.
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