Google


New York Appeals Court Rules Murderer Not Guilty Because Six-Day-Old Baby ISN’T Really a Person

October 22, 2015 | Filed Under Abortion, Anti-Americanism, Bill of Rights, Constitution, Courts, Crime, Democrats/Leftists, Government, Government Corruption, Judges, Law, Liberals, New York, New York City, Pro-Choice, Pro-Life, Progressives, Rights, Supreme Court, Warner Todd Huston | Comments Off on


New York Appeals Court Rules Murderer Not Guilty Because Six-Day-Old Baby ISN’T Really a Person

-By Warner Todd Huston

In 2008 a pregnant woman who severely injured her baby in utero by driving recklessly was charged with murder when the baby died six-days after being born. After years of court cases, a New York Appeals court ruled that the baby wasn’t a baby–yes, even though it was alive and outside the mother for six days–and the woman cannot be charged with murder.

Seven years ago Jennifer Jorgensen, who was in the third trimester of her pregnancy, swerved her car into oncoming traffic and ran head long into another car. She killed the two people in the other vehicle and was herself seriously injured. Since her baby was in distress from the wreck doctors birthed the child by cesarian section. The baby lived for only six days before succumbing from injuries received in the crash.

Since the child died from its mother’s actions behind the wheel, the state charged Jorgensen with the murder of the child. Prosecutors reasoned that since the child died after it was born alive and since it died from injuries received in the accident, then Jorgensen was guilty of murder.

After several years of court cases, in 2012 Jorgensen was convicted of killing her child and sentenced to nine years in prison. Naturally she appealed the decision with her attorneys offering a two pronged defense. First they say that she never intended to purposefully kill her baby (so premeditated murder is not the case) and secondly according to New York law her baby wasn’t really a “person” so she couldn’t be convicted of killing it. The reasoning on the latter is that the baby was not yet born during the accident so it didn’t matter that it was pulled out of her later and lived six days outside her before its death.

So, Jorgensen’s defense team appealed still maintaining that the conviction was wrong based on the fact that the baby was not yet born at the time of the accident.

This week the Court of Appeals for the state of New York has agreed with the defense. In its decision the majority of the court determined that Jennifer Jorgensen cannot be charged with the murder of her child despite that it was alive outside her body for six days before it died. Her baby, the court ruled, wasn’t a human.

The dissenting judge, Eugene Fahey, was thoroughly disgusted by the majority ruling saying, “I cannot join in a result that analyzes our statutes to determine that a six-day-old child is not a person.”

At first blush this does seem to be an outrageous ruling. But maybe not for the reasons you might think.

Before we get too upset at the court, let’s understand that on a strict reading of the state’s law regarding who is and who is not a “person,” well, the fact is the court is probably right in the Jorgensen case. If the baby had died in utero as a result of the accident and was still born as a result, prosecutors would never have charged the mother with murder in the first place. Why? Because according to New York law a baby isn’t a person until its umbilical cord is cut and it is breathing on its own.

As the Appeals Court decision notes, state law holds that a person cannot be murdered unless they are “a human being who has been born and is alive.” In the case of Jorgensen, her baby was clearly not yet born at the time that she perpetrated the reckless behavior that eventually killed her baby.

But this is still an outrage quite despite that this particular decision is probably a correct reading of the law. In this case it is clearly the legislature’s fault, not the court’s, and shows how iffy it is to say that a human doesn’t count as human until after they are “born.”

After all, it is a horribly cold, heartless–yes, even inhuman–thing to say that a baby that can be born alive through medical technology doesn’t count as a “person.”

This law essentially says that a human is not a “person” until they pass through the portal of birth, as if the birth canal itself bestows “personhood” on human beings. This is such an arbitrary and silly claim that it makes a mockery of the law not to mention belittles life itself.

The idea that you are not a person on one side of the birth canal but you are on the other is absurd–especially in light of the capabilities of modern medicine.

This case lays bare the illogic of proclaiming that a human doesn’t count as a person until it clears the birth canal. And the reason these illogical backflips are made in legislatures across the country is merely to give sanction to abortion–which is murder, too, but that truth can’t be said for political reasons.
____________
“The only end of writing is to enable the reader better to enjoy life, or better to endure it.”
–Samuel Johnson

Follow Warner Todd Huston on:
Twitter
Facebook
Tumblr

Warner Todd Huston is a Chicago based freelance writer. He has been writing news, opinion editorials and social criticism since early 2001 and before that wrote articles on U.S. history for several American history magazines. Huston is a featured writer for Andrew Breitbart’s Breitbart News, and he appears on such sites as RightWingNews.com, CanadaFreePress.com, Wizbang.com, and many, many others. Huston has also appeared on Fox News, Fox Business Network, CNN, and many local TV shows as well as numerous talk radio shows throughout the country.

For a full bio, please CLICK HERE.


NOTE: If you want to comment, for some reason our Facebook comments section takes a bit of time to load. It’ll pop up soon. Thanks

Comments

comments


Fair Use: This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. I am making such material available in my efforts to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. I believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research, educational, or satirical purposes. If you wish to use copyrighted material from this site/blog for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

We use Facebook comments, but they can sometimes take quite a while to load. So, be patient. Thanks.

Social Networking


Help the Soldiers!



American Genius

Our Founding Ideas

"Governments are instituted among men,deriving their just powers from the consent of the governed." Declaration of Independence July 4, 1776





Enter your Email


Preview
Powered by FeedBlitz

Subscribe in a reader




Recently Written

  • Congrats to ‘Doug Moore’: Texas Democrat Sheila Jackson Lee Doesn’t Even Know Who Won in Alabama
  • Pearl Harbor: Dec. 7, 1941, A Day That Will ‘Will Live in Infamy’
  • Tax Victory: Chicago/Cook County Soda Tax Canceled Starting Today
  • Charles Barkley Calls Steve Bannon a ‘White Separatist’
  • I’m floating on air (lyrics by Freddie Cosmo)
  • Happy Thanksgiving 2017
  • George Washington’s 1789 Thanksgiving Proclamation
  • Abraham Lincoln’s 1863 Thanksgiving Proclamation
  • President John Adams Thanksgiving: A Proclamation Recommending a National Day of Humiliation, Fasting, and Prayer
  • Our New, Post Weinstein World Order


  • What THEY Say:
    Foreign News In English




    Click HERE for information
    on my fedora collection.
    Antique Stetsons, hat history...



























    Contact Us

    Email Publius' Forum

    Archives

  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • January 2006
  • December 2005
  • November 2005
  • October 2005
  • September 2005
  • August 2005
  • July 2005
  • June 2005
  • May 2005
  • April 2005
  • March 2005
  • February 2005
  • January 2005



  • Add to Technorati Favorites


    Clicky Web Analytics