Medical Tuesday Blog
It’s A Good Day For BABIES
Or so says Rep Bette Grande, who introduced the bills.
North Dakota has all but enacted what would be two of the most restrictive abortion laws in the country. .
Even those in North Dakota who normally balk at government spending don’t seem concerned about spending money on a fight over the U.S. Supreme Court’s 1973 Roe v. Wade decision that legalized abortion.
“We have a lot of important things to spend money on,” said Sen. Dwight Cook, a Republican from Mandan who chairs the Senate Finance and Taxation Committee and calls himself a fiscal conservative. “But I didn’t give any consideration to the cost (of abortion litigation).”
Lawmakers on Friday sent Gov. Jack Dalrymple two anti-abortion bills, one banning the procedure as early as six weeks into a pregnancy and another prohibiting women from having the procedure based on the fetus’ gender or because it has a genetic defect, such as Down syndrome. Abortion-rights activists have vowed to fight the measures in court. The battle is likely to be closely-watched by abortion foes and supporters of legal abortion across the U.S.
Dalrymple hasn’t offered any hints as to where he stands on the abortion bills. . . “I think plenty of people in the party would love to push this to the Supreme Court and they would love to be the state that overturns Roe v. Wade,” said Mark Jendrysik, a University of North Dakota political science professor who expects Dalrymple to sign the abortion measures into law. . .
Cook, who has served in the Legislature for 17 years, said he expects Dalrymple to sign the legislation.
“He’s as pro-life as I am, and to what degree he looks at cost, I don’t know,” Cook said. “If I had to bet, I’d bet he signs them.”
North Dakota is one of several states with Republican-controlled Legislatures and GOP governors that is looking at abortion restrictions. Arkansas passed a 12-week ban earlier this month that prohibits most abortions when a fetal heartbeat can be detected using an abdominal ultrasound. . .
A fetal heartbeat can generally be detected earlier in a pregnancy using a vaginal ultrasound, but Arkansas lawmakers balked at requiring women seeking abortions to have the more invasive imaging technique. North Dakota’s measure doesn’t specify how a fetal heartbeat would be detected.
North Dakota is uniquely positioned to undertake an expensive legal fight. Fueled by the unprecedented oil bonanza in the western part of the state, North Dakota now leads the nation in population growth, boasts a nearly $2 billion budget surplus and has the lowest unemployment rate in the nation. . .
Murder is the unlawful killing, with malice aforethought, of another person, and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts enormous grief upon the individuals close to the victim, and the commission of a murder is highly detrimental to the good order within society, most societies both present and in antiquity have considered it a most serious crime worthy of the harshest of punishment. In most countries, a person convicted of murder is typically given a long prison sentence, possibly a life sentence where permitted, and in some countries, the death penalty may be imposed for such an act – though this practice is becoming less common. In most countries, there is no statute of limitations for murder (no time limit for prosecuting someone for murder). A person who commits murder is called a murderer.
States have adopted several different schemes for classifying murders by degree. The most common separates murder into two degrees, and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder.
· Second degree murder is a murder that is not premeditated or planned in advance.
· Third degree murder is a catch all for all other murders in some states.
· Voluntary manslaughter (often referred to as Third degree murder) sometimes called a “Heat of Passion” murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would “cause a reasonable person to become emotionally or mentally disturbed.” Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.
· Involuntary manslaughter stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter. Note that the “unintentional” element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is “unintentional,” because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself. 
· The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposefully and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.
· Fetal Homicide in the United States
Under the common law, an assault on a pregnant woman resulting in a stillbirth was not considered murder; the child had to have breathed at least once to be a human being. Remedies were limited to criminal penalties for the assault on the mother and tort action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. With the widespread adoption of laws against abortion, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail.
· When the Supreme Court greatly reduced laws prohibiting abortions in Roe v. Wade (1973) those sanctions became harder to use. This meant that an assault which ensured that the baby never breathed would result in a lesser charge. Various states passed “fetal homicide” laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected.
· After several well-publicized cases, Congress passed the Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, Scott Peterson was convicted of killing his unborn son as well as his wife under California’s pre-existing fetal homicide law.