Tuesday, September 21, 2010

Crime and Punishment

“If abortions should be illegal, what punishment should be imposed on the women who have them?”
http://www2.macleans.ca/2010/09/21/the-recurring-question-that-haunts-pro-lifers/

The question is moot, because the correct answer already exists within the Canadian Legal System. The correct answer is found in the Criminal Code of Canada, Section 235.

Punishment for murder
235. (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.
http://laws.justice.gc.ca/eng/C-46/page-6.html#codese:235

This is applicable to abortion because the wilful act of abortion fulfils the requirements for a murder conviction under Section 229 of the same Act.

Murder

229. Culpable homicide is murder
(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;

(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or

(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
R.S., c. C-34, s. 212.
http://laws.justice.gc.ca/eng/C-46/page-6.html#anchorbo-ga:l_VIII-gb:s_229

It's cut and dried.

and here's a few comments on the matter from the US...
http://www.slate.com/id/2268200/

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