... it occurred to me that taken to the extreme if a pregnant woman murders someone and is apprehended the prosecutors have some serious considerations in moving forward. In fact, they may have to let her stay home, perhaps under house arrest, until she gives birth. There are even problems with that which I address below.
On the very most basic level if the fetus is a legally consider to be a person from the moment of conception or on any legally defined post-conception time it cannot be incarcerated.
The woman of course could, and would, even prior to trial if the charge was murder, if she wasn't carrying the fetus inside of her. This would be no different from jailing a single-parent mother along with her toddler because nobody else had custody. The state would take custody of the child and determine where he or she went.
If a collection of cells inside of a woman's uterus is a person, whether an embryo in the earliest post-fertilization stage of development or at anytime later in pregnancy, is a person that just happens not to have been born yet forget the question about the legality of a woman driving in a carpool lane.
There's no case that can be made that it is legal, let alone constitutional, to deprive that pre-born person of its freedom by incarcerating them.
Taking this logic to an extreme, even an arrest is a deprivation of freedom so it would be unconstitutional to arrest a woman who was carrying an unborn person. If a police officer did this it would be a false arrest and I could see lawsuits as a result. It would could make an even more compelling case if the unborn person was locked in the back of a police car or even worse taken to a holding cell in a police station.
Again consider what would happen to a woman suspected of a crime who was arrested while she was with her actually born, living, breathing, thinking, and feeling child. I think in most jurisdictions that child would go with a relative or social services would take temporary custody if the woman was to be deprived of her freedom.
Consider the question about ankle bracelet monitored house arrest to prevent a woman from fleeing to avoid prosecution and whether it would be an infringement of the constitutional right of the unborn child. Who speaks for the fetus who can't talk? Whose to say that the fetus doesn't want to take a walk, or for that matter, go to a country which we don't have an extradition treaty with.
Of course once the child is born unless the woman managed to get pregnant soon after giving birth she could be arrested, go to trail, and if convicted go to prison.
This explains why I believe Daily Kos banned me for life. This is a review of Daily Kos which I posted today on the site review website sitejabber. Since I was banned for my Sept. 7th story which they took off line before I could copy and republish it here I am devoting my blog just to politics. Perviously I could just put links to my Kos stories here and only put photo essays on about road trips to various beautiful and interesting places around Portland. You can find these essays in the Archive column on the right. If I go someplace new I will put a photo essay of that trip here.
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Ithought of writing this after hearing about a teacher who faces suspension in some backwater school district apparently inhabited by some people who would make Neanderthals look like geniuses.
Then there's this: a newly elected district attorney in Tennessee spoke openly about jailing teachers and librarians for spreading information he deems inappropriate. She now denies this a what she'd actually do. I wonder if they will be able to continue in their roles once they're in prison. After all it would be a benefit to the other inmates to have teacher and librarians, even though it would be a loss to the students who actually want to learn the truth about everything from American history to science.
Here are just a few unTrumpified truthy tidbits for the banning buttwipes to use to justify going after me. Maybe they can put me on a banned blogger list.
Abortion
A fetus doesn't experience feelings of pain until about 24 weeks of pregnancy:
Even when a developing fetus can sense a light touch, he doesn’t feel pain the way you do. That requires not only touch receptors, but also the necessary molecules and pathways in the brain to process a pain signal. The neural connections and the brain structures necessary to sense pain don’t develop until at least week 24 of pregnancy.
Simply having the physical structures in place still doesn’t mean a fetus can experience pain. The complex neural circuitry necessary to tell the difference between regular touch and painful touch doesn’t develop until the end of the third trimester. Reference
All of the arguments about life beginning at conception, let alone potential conception, are based on some religious beliefs and have nothing to do with physiology.
This is from Jewish law:
An unborn fetus in Jewish law is not considered a person (Heb. nefesh, lit. “soul”) until it has been born. The fetus is regarded as a part of the mother’s body and not a separate being until it begins to egress from the womb during parturition (childbirth). In fact, until forty days after conception, the fertilized egg is considered as “mere fluid.” These facts form the basis for the Jewish legal view on abortion. Biblical, ic, and rabbinic support for these statements will now be presented. Reference.
History (part of which is called Critical Race Theory or CRT which in fact is hardly theoretical).
Loath that students learn the truth about the history of racism in the United States! All the MAGA's railing against it being taught known damn well that if America had as many arms as the Hindu god Shiva at least one would have blood on its hand.
American history if honestly taught is fraught with not only bigotry but outright cruelty from the slavery days in the Old South to KKK lynchings.
What about modern times? While some politicians may make sure certain supporter wear t-shirts that say, oh for example this...
... we don't really know whether in their heart of, uh, hearts they really believe Whites are superior to Blacks.
And then we have ordinary people making the news in articles like
Does any objective person believe that some police officers have an implicit bias against Blacks (this Michigan State Trooper believes it) and may engage in racial profiling and on some occasions have cost innocent Black people their lives?
Add to how Black people were and are treated what was done to Native Americans and any group the majority White population whose ancestors came from certain countries, with the exception of, well, Jews, Irish, Italians, the list goes on, who they wanted to demonize or steal from and we don't have to do a deep dive into our history to document that our history has a decidedly dark side.
We can divided this into two truthy categories: Covid and climate change. The Trump lies about the former cost the country thousands of deaths according to this:
One can debate whether the philosophies and policies of normal conversative Republicans like Liz Cheney and perhaps Mitt Romney are better for democracy than those of moderate and progressive Democrats. What can't honestly be argued is that the current crop of Trump cultists especially promoters of the big lie, those who want to have the country turn hard-core fascist, those who want to destroy free and fair elections though gerrymandering and voter restrictions are benefiting democracy in the United States. Add to this, judges from the Supreme Court down to the lowest courts, who bend their decisions to fit the political goal they want to achieve. I am talking about the five judges who voted to overturn Roe v. Wade and about you, Judge Cannon.
If these achieve their ultimate goals the democracy the Founders envisioned will cease to exist and we become no better, and in someways worse, than counties run by the strongmen Trump so admires.
Psychology
As someone who worked as a psychotherapist for 40 years and ran a community mental health center where I supervised dozens of other therapists and student interns I can address the subject of psychology with some expertise.
Moving to notable politicians we have a group of people who are either incredibly gullible or have a delusional disorder. Marjorie Taylor Greene seems to fit into this category. Some people think she's delusional, others think she's putting on an act.
As for ordinary people, we have an hitherto underestimated number of people who believe things, often called conspiracy theories, that fit on a continuum between highly unlikely to outlandishly ridiculous. Some proudly wave a QAnon flag and buy into all of that group's mishegas while others are are more selective in which things they believe.
Have I left anything out to dare the godless stinking discharge of MAGA effluent to try to ban this?
I suppose I'd be remiss if I didn't note that there is good evidence that the most ardent of Trump supporters can be consider to be members of a cult. This is discussed in this Lawrence O'Donnell interview with psychiatrist Lance Dodes:
Note that he points out that while low intelligence may make some people more susceptible to joining a cult, there are always members who have a fairly high IQ. The above nine minute interview is well worth watching. In it Dodes also calls Trump a dangerous criminal psychopath.
Don't forget you can scroll down to the bottom of any page to make comments. Also the most recent posts to my blog are listed in the archives in the right column.
Remember Ty Cobb, the lawyer in the Trump administration, not Ty Cobb the baseball great with the same name? Cobb, the one with facial hair, was became the second well known Trumper with a mustache who has turned on his boss. John Bolton of course is the other. His third mustache man is, of course, the pillow hugger.
“My personal view is that it’s less a character issue than a personality defect. I believe former President Trump to be a deeply wounded narcissist, and he is often incapable of acting other than in his perceived self-interest, or for revenge.”
It's about time Trump's psychopathology is making it into the mainstream.
I like the symbolism of Ty Cobb now sporting not only his mustache and beard but his long locks of straw colored hair. No Trump combover for him. He lets his hair flow over his shoulders as freely as he shares his opinions.
