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Lucylastic -> RE: London elects Muslim as Lord Mayor (5/18/2016 1:21:18 PM)
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quote:
ORIGINAL: bigjb62
quote:
ORIGINAL: Lucylastic
Murder. the unlawful premeditated killing of one human being by another.
Here' an excerpt from the bill if rights:
quote:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
No where in there does it say except for unborn babies.
So the way I read it unborn babies have the same right to life, liberty and the pursuit of happiness as anyone else.
hmmmmm it also doesnt mention women. It also doesnt ban abortion.
You do know that murder has legal meaning older than the bill of rights yes?
Oh and
The Unlawful – This distinguishes murder from killings that are done within the boundaries of law, such as capital punishment, justified self-defence, or the killing of enemy combatants by lawful combatants as well as causing collateral damage to non-combatants during a war.[10]
Killing – At common law life ended with cardiopulmonary arrest[9] – the total and permanent cessation of blood circulation and respiration.[9] With advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life.[9]
of a human – This element presents the issue of when life begins. At common law, a fetus was not a human being.[11] Life began when the fetus passed through the vagina and took its first breath.[9]
by another human – In early common law, suicide was considered murder.[9] The requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder.
with malice aforethought – Originally malice aforethought carried its everyday meaning – a deliberate and premeditated (prior intent) killing of another motivated by ill will. Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice. All that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes "malice."
The four states of mind recognized as constituting "malice" are:[12]
Intent to kill,
Intent to inflict grievous bodily harm short of death,
Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or
Intent to commit a dangerous felony (the "felony murder" doctrine).
Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, "intent follows the bullet." Examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims.
Under state of mind (iii), an "abandoned and malignant heart", the killing must result from the defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in California where an individual could be convicted of third-degree murder if he or she kills another person while driving under the influence of alcohol, drugs, or controlled substances. In Australian jurisdictions, the unreasonable risk must amount to a foreseen probability of death (or grievous bodily harm in most states), as opposed to possibility.[13]
Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies.
As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation. Even when the legal distinction between murder and manslaughter is clear, it is not unknown for a jury to find a murder defendant guilty of the lesser offence. The jury might sympathise with the defendant (e.g. in a crime of passion, or in the case of a bullied victim who kills their tormentor), and the jury may wish to protect the defendant from a sentence of life imprisonment or execution.
wikipedia with sources.
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SO
Using your bill of rights.
All Americans have the right to life and liberty AND happiness. NOT FORCED to give birth.
Which actually does INCLUDE pregnant women and women who are likely to become pregnant. (half the population)
It says nothing about the unborn. as they have not drawn breath and are not individual from their mother.
And it certainly didnt mean what you think when it was WRITTEN.
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