Michigan Court Rules Fetus Can Be Defended With Lethal Force
The Michigan Court of Appeals recently reversed the Kalamazoo County Circuit Court's conviction of this woman and ordered a new trial because Judge Richard Ryan Lamb had not instructed the jury about the "defense of others" theory and they considered it applicable to the case. The pregnant woman has the right to use deadly force to protect her fetus (that's Latin for "baby) from attack even if her own life is not in danger!
The appeals court did not directly address a key issue in abortion cases: when a fetus becomes a "person" (legal-speak to differentiate between innocent human beings our government protects, persons, and innocent human beings our government destroys and allows to be destroyed, a.k.a. non-persons). "This issue ... is not raised by the parties, is not pertinent to the resolution of the ... case, and does not drive our ruling today," the court said in its 3-0 decision last week. The court said the issue was whether an unborn fetus was "entitled to the protection of the laws of the state of Michigan such that an individual, typically the mother, may defend the fetus during an assault against the mother."
Nevertheless, as the case justifies
the mother's use of lethal force to protect her fetus it very much implicates
the boyfriend for "murder" of a living human being in his attempt to kill the
fetus; that the human fetus is an innocent, living human being is
implied in the decision. The "defense of others" or "justifiable homicide"
defense against murder doesn't apply to using lethal force to protect animals or
trees or rocks or "blobs of non-living tissue". Only living human beings.
I cannot employ lethal force against someone who wants to cut my grass without
my permission. However, I can employ lethal force against someone who wants to
kill my preborn baby without permission, and this case lends credence to natural
right of self-defense and defense of others. Although the court doesn't
admit it, clearly this is a defense of the humanity and innocence of the preborn
child. This same
assumption, though unspoken, is implied in the statutes of half of the states in
the Union who will try someone for double-homicide if they kill a pregnant
"Open thy mouth for the dumb in the cause of all such as are appointed to destruction. Open thy mouth, judge righteously, and plead the cause of the poor and needy." Proverbs 31:8-9
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