Abortion has always been controversial, and I have been on the side of it being illegal and un-constitutional since the early 1980s.
Well that’s changing and I am now on the side of making abortion legal across the board, rape included. Let me explain by introducing you to my plan to bring abortion into the whole “rule of law” and Constitutional framework under which most of us claim to live. So here’s the plan:
- Definition: Abortion is the taking of the life of an innocent human being without “due process of law.” The individual here under discussion has always been alive; never dead at any point. The individual here under discussion has always been a Human Being; never anything else such as a fish, monkey, and ear of corn or anything other than a Human Being. The individual here under discussion because of it’s extreme confinement is incapable of committing any crime, let alone a capital crime.
- Since the act of an abortion is an act of applying a death penalty punishment to a crime, there must be a capital crime involved, therefore we must:
- Declare conception to be a capital offence. The unborn human being by definition is incapable of committing a capital crime, therefore the act of it’s coming into being must itself be the crime.
- Once conception is a capital offence, the unborn human being is brought fully into our constitutional rule of law system, and all the protections provided thereunder.
- The process of obtaining an abortion begins with seeking an indictment against the unborn human being in a Grand Jury proceeding. The mother or father of the unborn human being may bring formal charges against their unborn human baby at any convenient police station, thus precipitating the Grand Jury action. .
- Criminal Trial by jury of the unborn human being defendant is the next step in the “rule of law” solution. Witnesses can be called on both sides potentially including the mother, father, potential grandparents, bio-ethicists, doctors, abortion providers, priests, pastors etc. etc.
- Guilt beyond reasonable doubt should be a slam dunk given that the unborn human being has been conceived, and conception is the stated crime in the indictment. We should expect 100% conviction here, not a whole lot different than the current situation.
- Right of appeal is not to be overlooked under this new plan; however, it is expected that the normal appeals processes will very likely exceed the gestation time of the convicted unborn human being. This could cause some difficult circumstances since by then the convicted unborn human being is no doubt by then a born human being, and in fact may be as old as ten years. Perhaps a statute of limitations law might be appropriate here whereby the conviction would be overturned at the birth of the now born human being.
- Co-Conspirators must also be considered in this new plan. Since the mother and father of the unborn human being conspired in the crime of conception, they may also be indicted under this law with the same punishment as applied to the main plaintiff, namely the unborn human being. Execution of said co-conspirators would be coincident with the execution of the convicted unborn human being. Rape would be an exception to this co-conspirator clause with the mother of the accused unborn human being considered to be an unwilling and forced participant to the crime of conception.
There you go, the divisive problem and controversy of abortion is neatly taken care of by bringing it into the American Constitutional judicial system.