Is killing an abortion doctor manslaughter?
The judge overseeing the trial of a Kansas man charged with first degree murder for killing an abortion doctor has agreed to hear an unusual argument. Defense lawyers say the suspect's act constitutes voluntary manslaughter, not murder. Under state law, willful killings motivated by "an unreasonable but honest belief that circumstances existed that justified deadly force” carry sentences of fewer than five years in prison. If convicted of first degree murder, the suspect would likely be sentenced to life in prison. Does the defendant's intention—protecting the future life of the unborn—justify his decision to take another man's life?
Guests:
Peter Breen, executive director and legal counsel of the Thomas Moore Society
Katherine Spillar, executive vice president of the Feminist Majority Foundation
- AirTalk for January 12, 2010
- Is killing an abortion doctor manslaughter?
- The psychology of pricing
- Flummoxed by the filibuster
- Mark McGwire fesses up steroid use
- MOCA names Jeffrey Deitch as new director
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Jamie
7 months, 3 weeks ago
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Guys. Seriously?
Norma
7 months, 3 weeks ago
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This man should not only be brought up on first-degree muder, but he should have domestic terrorism charges added. This doctor was stalked and threatened and killed down in public in a spectacular fashion so as to strike fear in other abortion providers. Terrorism.
Jan Northrop
7 months, 3 weeks ago
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It is murder pure and simple. If this is manslaughter, then would it also not be merely manslaughter if someone from the other side killed this defendant claiming to be protecting doctors lives? Could not anybody who disagreed with a war shoot a politician or soldier claiming to be saving lives?
We have laws so people do not just kill people with whom they disagree. This doctor was performing LEGAL abortions. In a civilized country, the way to stop it is to convince the rest of the country that it should be illegal, not to shoot the doctor.
bonnie
7 months, 3 weeks ago
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What make the killer any different from an Islamic nut who boons or tries to kill us, or anyone.
DB
7 months, 3 weeks ago
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Abortion is legal. So he is trying to judtify his actions because he was trying to prevent a doctober from doing something that is legal.
Steve
7 months, 3 weeks ago
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If an abortion doctor is performing legal abortions with which I disagree then I have the right to kill him "to defend the unborn"? Follwing this logic, If
an American soldier in Afghanistan is killing people who have done nothing to him or his comrades, have done nothing to the American people at large, then I have the right to kill him "to defend the innocent Afghans", right?
DG
7 months, 3 weeks ago
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Does every legal maneuver really need to be hijacked by "pro-life" and "pro-choicers" and folded into their respective agenda? I hope (and am fairly confident that) the judge will not be looking over his shoulder to see how his every call from the bench is being managed by partisans on either side. If yoyu ARE a partisan, can you imagine he might reasonably make a call that appears, on first glance, to be adverse to your "side"? I hope so.
max
7 months, 3 weeks ago
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@steve: AWESOME. i think you summed it up. end of story!
but actually, i wanted to add something. how is this man's actions different from a hate crime? when i read the blurb (didn't get to hear the radio segment) my first thought was, wow, that sounds exactly like a hate crime.
Jay W. Lee
7 months, 3 weeks ago
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as a family physician, i strongly condemn any act of violence against any physician for their legal practice of medicine.
Sarah Miller
7 months, 3 weeks ago
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It is a colorable argument, and that is why the court has agreed to hear it. If defendants were not able to make arguments for their side, the legal system would cease to exist. However preposterous or offensive it is to people who are pre-biased in this case on the side of those pushing for a murder 1 conviction, the defendant has a right to have his case heard.
To address the merits of the argument: if the defense can prove that he had this honest, though unreasonable belief about an issue which legally has yet to be set in stone, he could conceivably get vol. man. Certain areas of law are still in disagreement as to the personhood of fetuses, e.g. killing a pregnant woman is double murder. This man's actions, while violent and shocking, could legally be construed as in defense of beings that may or may not, again legally, be persons.
Andy
7 months, 3 weeks ago
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It's a passable argument, but murder is murder is murder.
Under that particular mental framework (abortionist=murderer) why didn't this guy simply perform a citizen's arrest to protect all those innocent babies?
This person stalked and hunted this doctor for a long period before killing him, it's certainly premeditated murder.
John
7 months, 3 weeks ago
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The killer stalked the doctor, prepared a deadly weapon, and used it successfully. His motive was to strike fear into the hearts of doctors and patients. As far as we know the killer was in no danger of being harmed by the doctor.
How is this not premeditated murder in the first-degree?
Amazing.
Daniel
7 months, 3 weeks ago
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The killing of Dr. Tiller was terrorism.
Monica
7 months, 3 weeks ago
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Dr. Tiller was a medical doctor who provided reproductive health services. To call him an "abortion doctor" does a disservice to his entire practice and his devotion to providing comprehensive health coverage to women.
And I wholeheartedly agree he should be charged with first-degree murder.
Richard
7 months, 3 weeks ago
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As a practicing attorney, the court's willingness to allow the defense to offer the argument and evidence in support thereof reminds of a common truism. When all a judge's rulings seem to be going your way, watch out. You may be in trouble, as your client's record on appeal is being taken away by virtue of the fact that all rulings went your client's way, but not the case outcome.