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Topic Title: Overcriminalization...
Topic Summary: and the perfect victim.
Created On: 06/25/2022 06:02 AM
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 06/25/2022 06:02 AM
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johnnyboy

Posts: 25071
Joined Forum: 07/22/2003

http://www.npr.org/2022/06/16/...e-v-wade-abortion-law

>>Picture a court of law, jury in place, set to determine the fate of a woman who has had a miscarriage. And she's been charged with murder.

This hypothetical is part of how the National Association of Criminal Defense Lawyers (NACDL) is training its members to prepare for a possible wave of criminal charges as the Supreme Court overturns Roe v. Wade.

Only it's not a hypothetical - this happened in 2019. After a California woman delivered a stillborn baby at 8 months, she tested positive for meth at the hospital and the staff called the police. The Kings County prosecutor charged her with the "murder of a human fetus" and she spent 16 months in jail before the charges were dismissed.

NACDL executive director Lisa Wayne watched the case with concern. She and her colleagues decided they needed to be proactive and start getting ready for what they felt was inevitable.

"Although, I don't think you can ever say you'll be totally prepared for this kind of watershed moment," Wayne said.

'Overcriminalization'
The NACDL published a report last August warning the public that, without the legal protections under Roe v. Wade, thousands of abortion laws could lead to a new chapter of mass incarceration.

The invasion of privacy alone is a big concern to the NACDL. Anyone who needs or wants an abortion outside of the legal limits of their state is not only a target for criminal charges, but risks implicating others, too - by confiding in friends or family, crossing state lines for procedures, or even using a transportation app to get to an appointment.

Now that Roe is gone, a process that allows minors to get an abortion could disappear
ROE V. WADE AND THE FUTURE OF REPRODUCTIVE RIGHTS IN AMERICA
A process that allows minors to get an abortion could disappear if Roe falls
"Not just fines. We're talking about prison time," Wayne said. "We're talking about minimum mandatory sentences - aiding or abetting someone who gets ultimately charged with manslaughter or murder, which is a life sentence."

And for those who think a future of mass incarceration is too unlikely, Wayne points to the War on Drugs, starting in 1971.

"Suddenly people who were being prosecuted for small amounts of drugs were now involved in larger and greater conspiracies with minimum mandatory sentences," Wayne said. "People were looking at life sentences and still remain incarcerated to this day. You have to ask yourself, what lessons did we really learn?"....<<

I can bet any woman who has a miscarriage will be questioned and need to lawyer up. Can you imagine having to suffer a miscarriage and then being told that you have to invoke your right to remain silent, even though you did nothing wrong, just to protect yourself from a government that knows you could have had a baby and somehow didnt? This is no longer the future, this is the present.


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"One of the reasons why propaganda tries to get you to hate government is because it's the one existing institution in which people can participate to some extent and constrain tyrannical unaccountable power." Noam Chomsky.

 06/25/2022 07:31 AM
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Cole

Posts: 68176
Joined Forum: 07/22/2003

And if you think these things won't happen you are delusional. Religion is now in control in more than half the states and those in charge are going to act accordingly.

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I was right.
 06/25/2022 11:44 AM
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surfsail

Posts: 5074
Joined Forum: 07/28/2003

Guessing that lots will be also be intentionally wanting to 'test the waters' - and bring an appeal to bring back RvW into the spotlight.. front and center - for November if possible

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There are NO white people at all in the Bible... take all the time you need with that...
Please stop feeding the trolls - they will go away if you do...
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