South Dakota Moves To Legalize Killing Abortion Providers

[JLives]

http://motherjones.com/politics/2011/02 ... -providers

Excerpt:

A law under consideration in South Dakota would expand the definition of "justifiable homicide" to include killings that are intended to prevent harm to a fetus—a move that could make it legal to kill doctors who perform abortions. The Republican-backed legislation, House Bill 1171, has passed out of committee on a nine-to-three party-line vote, and is expected to face a floor vote in the state's GOP-dominated House of Representatives soon.

[Born_again]

I wonder if pastor Dave is having spasms of joy at this news?

[grammafreddy]

Bleedin' bible-thumpers should butt out of other people's lives.

[Captain Awesome]

I think if you read into it, you'll see that's just another media hysteria over nothing.

[The Green Barbarian]

I don't get how the same people crying about Fox News read this kind of source of news and think that it is any better. This website seems just as biased to report negative stuff about the right as Fox News is about reporting negative stuff about the left. It's all a giant load of crap.

[Born_again]

Rather than slam the messenger, why don't you just read the Bill yourselves?

State of South Dakota
EIGHTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY, 2011

463S0397 HOUSE JUDICIARY ENGROSSED NO. HB 1171 - 2/9/2011
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
Introduced by: Representatives Jensen, Bolin, Brunner, Greenfield, Haggar, Hansen (Jon), Hickey, Hoffman, Hubbel, Kopp, Magstadt, Miller, Nelson (Stace), Olson (Betty), Rausch, Russell, Sly, Steele, Stricherz, Van Gerpen, Venner, Verchio, and Willadsen and Senators Kraus, Fryslie, Lederman, and Maher


FOR AN ACT ENTITLED, An Act to expand the definition of justifiable homicide to provide for the protection of certain unborn children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That § 22-16-34 be amended to read as follows:
22-16-34. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.

Section 2. That § 22-16-35 be amended to read as follows:
22-16-35. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, or the unborn child of any such enumerated person, if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished.

http://legis.state.sd.us/sessions/2011/Bills/HB1171HJU.htm

Is that a good enough source for you???

[daria]

Thanks, Born_again for posting the contents of that disgusting bill. That just makes me sick!

[strwbrrydvl]

There is a very blurry line, although it doesn't specify killing abortion providers as justified in some people's minds it would. There have been cases of murdered pregnant women where the murderer has been charged with two counts (one for mother, one for unborn child) and others where only one murder charge is laid.. It all goes back to that argued timeline on when a fetus becomes a person, obviously South Dakota is implying that it is right away thus making murdering an abortion provider seem legal as it could be viewed that they are 'killers' themselves.

[Born_again]

Is it just me, or does the wording almost look like an incitement to murder given that it actually mentions where you can do it, i.e. the house of the 'one that would harm the unborn foetus'? I don't know, it's just the way it goes on to mention dwellings; it kind of seems odd to me, like it's an enabling qualification.

Section 1. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.

In Section 2 it seems to me that they are spelling out whom would be deemed a legitimate target for such justifiable homicides, but they word it in such a manner that a doctor who performs abortions irrespective of individual cases of abortions, i.e. as a doctor who specialises in abortions, one could argue that it is the "design" of his profession.

Section 2. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, or the unborn child of any such enumerated person, if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished.

Help me out guys. Steven lloyd, you are probably better at legalese than me -- please show me the error of my thinking. I freely admit that I am allowing bias to shape my thinking(I think) so I'd welcome some criticism.

[steven lloyd]

You got me BA. I am by no means a lawyer. Without some counter-argument, I’m inclined to agree with your assertion that the wording you’ve quoted sounds very much like incitement. I did do some reading through my Pocket Criminal Code (2003) here at home and could find nothing relating to “justifiable” homicide (maybe I could find something in a more recent publication at my office but I somehow doubt it). Sections 34 through 37 of the Code address “self-defence”, but other than protecting one’s self from assault or aggression, only section 37(1) refers to defending someone other than himself. This section reads: “Everyone is justified in using force to defend himself or any other under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it’. I hardly see that as including homicide.

We need nolan to weigh in on this.

[tripcoutthev]

Bleedin' bible-thumpers should butt out of other people's lives.

Yer right there gramma! However, I'm pretty sure the rest of us Forum do gooder's should butt the hell out of everyone else's lives too! Seems like all of us have a lot to say about things that have nothing to do with us...myself included!

[tripcoutthev]

I wonder if pastor Dave is having spasms of joy at this news?

Pastor Dave?? Aren't you the born again??