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Master Suho, first let us take a look at the Legal Definition of Murder : [url=http://www.lectlaw.com/def2/m053.htm]Murder, First Degree[/url] [quote]MURDER, FIRST DEGREE - In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life. Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing. First-degree murder in California includes a killing that is "willful, deliberate, and premeditated," or that is committed in the perpetration, or attempt to perpetrate, certain felonies, including burglary, and not including the petty offense of shoplifting. Cal. Penal Code S 189.[/quote] Here is more as well [url=http://www.duhaime.org/LegalDictionary/M/Murder.aspx]Durhaime.org Legal Definition of Murder[/url] So once we have defined under what catagory of crime Abortion would come under, we can then start to delve into the actual Punishment. This is an interesting breakdown of Capital Punishment in the United States - [url=http://en.wikipedia.org/wiki/Capital_punishment_in_the_United_States]Capital punishment in the United States[/url] [quote]In 1976, contemporaneously with Woodson and Roberts, the Court decided Gregg v. Georgia, 153 428 U.S. 153 (1976) and upheld a procedure in which the trial of capital crimes was bifurcated into guilt-innocence and sentencing phases. At the first proceeding, the jury decides the defendant's guilt; if the defendant is innocent or otherwise not convicted of first-degree murder, the death penalty will not be imposed. At the second hearing, the jury determines whether certain statutory aggravating factors exist, and whether any mitigating factors exist, and, in many jurisdictions, weigh the aggravating and mitigating factors in assessing the ultimate penalty ? either death or life in prison, either with or without parole. The 1977 Coker v. Georgia decision barred the death penalty for rape, and, by implication, for any offense other than murder. The current federal kidnapping statute, however, may be exempt due to the fact that the death penalty applies if the victim expires in the perpetrator's custody, not necessarily by his hand, thus stipulating a resulting death, which was the wording of the objection. In addition, the federal government retains the death penalty for such non-murder offenses as treason, espionage and crimes under military jurisdiction; there has been no challenge to these statutes as of 2007.)[/quote] So, as long as Abortion is made illegal because it is Murder, then of course Capital Punishment will come into question, to be decided by the Jury. IMHO, the social and economical consequences of such an event would be catastrophic, especially if the crime of illegal Abortion was actively policed; the number of criminals would soar, and the system would be overburdened by additional court cases and either lengthy legal processes, or life-time sentences behind bars (barring the Death Sentence). It has been documented, time and time again, that the severity of punishment (even Capital Punishment) does NOT affect the crime rate significantly, nor does making something illegal - see [url=http://links.jstor.org/sici?sici=0037-7791(197802)25%3A3%3C253%3AOAPPOL%3E2.0.CO%3B2-G]Objective and Perceptual Properties of Legal Punishment and the Deterrence Doctrine [/url] [quote]While most previous deterrence investigations examine the relation between the objective probability of arrest or imprisonment and the official crime rate among states or counties, the present research examined the same relation among ten types of crimes in the same jurisdiction--Tucson, Arizona. We also consider the public perception of the certainty of arrest for eacy type of crime, and the public disapproval of each type of crime is introduced as a control variable. Consistent with two basic premises of the deterrence doctrine, the crime rate varies inversely with both the objective certainty of arrest and the perceived certainty. However, none of the relations are more than moderately close. Contrary to the premises of the deterrence doctrine, the findings indicate that the objective certainty of punishment is not related to the crime rate through perceived certainty. No less important, when the social condemnation of crime is controlled, there is no significant relation between the perceived certainty of punishment and the crime rate.[/quote] [url=http://faq.ozoneasylum.com/397/]WebShaman[/url] | [i]The keenest sorrow (and greatest truth) is to recognize ourselves as the sole cause of all our adversities. - Sophocles[/i]
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