Thursday, January 18, 2007
1. That the fetus is undeniably alive.
2. That the fetus, or unborn child, is clearly human.
3. That the unborn child is a "person" and traditionally has been regarded as such within the contemplation of both law and medicine.
4. That abortion is the intentional deprivation of the life of a person. That it is, in short, a homicide (by definition).
5. That the equal protection clause of the U.S. Constitution should not permit the States to treat the homicide of a member of one class of persons as a lesser offense than the homicide of others. Therefore, the abortion of an unborn child should properly be analyzed in precisely the same manner as the homicide of a child after delivery (or of an adult for that matter).
6. That applying a traditional homicide analysis to the typical abortion would lead to its classification as murder since the necessary element of "malice aforethought" is present and there is no basis to mitigate or lesson the offense to manslaughter or to exculpate the parties absent clear legal justification such as self-defense.
7. That the element of "premeditation" is also generally present elevating the offense from second to first degree.
[To be continued]