The Prospective Mother, a Handbook for Women During PregnancySlemons, J. Morris (Josiah Morris)
Science
The Prospective Mother, a Handbook for Women During Pregnancy
Slemons, J. Morris (Josiah Morris)
Obstetrics; Pregnancy
CRIMINAL ABORTION.--The destruction of a pregnancy, except when its
continuance threatens the life of the patient, is forbidden by law.
The important ethical and religious aspects of the act which the law
thus stigmatizes as criminal we may properly neglect. Although
various religions present a diversity of teaching relative to its
moral nature, all agree in regarding it as sinful. Equally important,
however, is the fact that no matter what opinion anyone may hold as
to the morality of the act he is bound to obey the law. This is
apparently not clearly understood by the laity, for many persons
think that a physician may terminate pregnancy whenever he is so
inclined. If the liability to criminal prosecution which a physician
would assume should he comply with a request for the means of
destroying pregnancy were clearly realized, patients would not
beseech him to incur the risk of heavy find and long imprisonment
merely to gratify their own convenience or to save them from
disgrace.
The Common Law, an inheritance from England, enriched with
authoritative decisions by our own courts, is the groundwork of the
law in all the States, and its principles are binding in the absence
of express statutes. At Common Law, abortion is punishable as
_homicide_ when the woman dies or when the operation results
fatally to the infant after it has been born alive. If performed for
the purpose of killing the child, the crime is _murder_; in the
absence of such intent, it is _manslaughter_. _The woman who
commits an abortion upon herself is likewise guilty of the crime._
The great majority of those who desire the interruption of pregnancy
feel they have not assumed an illegal position so long as they avoid
instrumental procedures. That is not correct, for even at Common Law
it is a misdemeanor to bring about the death of an unborn child _by
the use of drugs or by any other means_.
At Common Law there was a difference of opinion as to whether all
induced abortions were illegal. Many courts formerly held that
quickening was a necessary prerequisite; but under the modern
statutes, practically without exception, the law disregards the
period of pregnancy at which the abortion is provoked. Since the time
of conception determines the beginning of embryonic development, to
prove that the act was committed before fetal movements were
perceived is no longer a valid defense. This has been emphatically
stated by Judge Coulter, of Pennsylvania, who said: "_It is not the
murder of a living child which constitutes the offense, but the
destruction of gestation by wicked means and against nature. The
moment the womb is instinct with embryonic life and gestation has
begun, the crime may be perpetrated._"
Public-domain text, read in full here on John Shaqi.
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