Personal Dilemma
Michael E. WilsonSharon Mills
CJA/324
May 4, 2015
Andreka Judy Smith
Personal Dilemma
One of the biggest issues in American society, today is abortion. Abortions have been performed in the United States since the early 1800's. The procedure was often performed by women healers who trained other women to perform the procedure without legal restrictions. Abortion is "the induced termination of pregnancy before the fetus reaches a viable age (Venes, D. & Thomas C. 2001)." There have been several ethical concerns surrounding the issue of abortion dating from the early 1800's up until the present day that have caused lawmakers to want abortions banned altogether. Some of the issues women have are the right to choose to terminate an unborn fetus? . Another issue has been whether or not it is morally correct to end the life of an innocent person, ; but the biggest ethical concern today with abortion is at what point is a fetus viable or when does life actually begin. The legal time frame of viability, when it pertains to abortion, is usually considered to be between twenty and twenty-four from conception but may differ from state to state.
In the United States, it is said that approximately 1.31 million abortions are performed each year. On January 6, 2015, Trent Franks introduced bill H.R. 36 also known as the Pain-Capable Unborn Child Protection Act was introduced in the House of Representatives as an amendment to United States Code Title 18. This act would potentially ban abortions after twenty weeks. The following is a summary of the proposed requirements of the bill and punishment if violated.
Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion except in conformity with this Act's requirements.
Requires the physician to first determine the probable postfertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary.
Prohibits the abortion from being performed if the probable postfertilizationpost fertilization age of the unborn child is 20 weeks or greater, except: (1) where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions; or (2) where the pregnancy is the result of rape, or the result of incest against a minor, if the crime has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect. Permits a physician to terminate a pregnancy under such an exception only in the manner that provides the best opportunity for the unborn child to survive, unless that method would pose a greater risk than other available methods would represent of the death or substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman.
Subjects individuals Individuals who violate this Act are subject to a fine, imprisonment for not more than five years, or both. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act for violating or conspiring to violate this Act.
Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device to
