Berkeley CSUA MOTD:Entry 48721
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2025/05/23 [General] UID:1000 Activity:popular
5/23    

2007/11/30-12/6 [Politics/Domestic/Abortion, Health/Disease/General] UID:48721 Activity:high
11/30   http://www.cnn.com/video/#/video/us/2007/11/30/hostin.abortion.pill.cnn
        Totally awesome man. Spike your mistress' drink with abortion pills
        and get jailed for killing unborn child.
        \_ What charges do you think were appropriate?
           \_ Willful endangerment of mother? Drugging without consent?
              Perhaps there's a stringent reading of date-rape drug laws that
              would suffice. -!op
              \_ So you think forcing an abortion on someone is only worth a
                 minor drug charge?  If someone did that to your wife would
                 you be ok with the 6 months probation your list would get
                 someone?
                 \_ Assault and battery? Malicious poisoning? I see what you
                    mean, and I'm trying to get at a suitable charge that
                    matches the egregious nature of the crime against the
                    mother without having to assign citizens' rights to the
                    unborn.
                    \_ Do you think a&b on a woman should yield the same
                       charges/punishment as a&b on a woman that leads to
                       her unborn miscarrying?  Does the pregnancy have no
                       value?
                       \_ I believe the pregnancy has value _to the mother_
                          and should therefore be taken into consideration.
                          I don't think the pregnancy has an innate value
                          apart from to the mother, and the fetus itself has
                          no rights apart from those granted it by the mother
                          (and, in a cold, legal sense, the value it has to
                          the mother).
                          \_ Ok the pregnancy has value to the mother.  I don't
                             see where you're going with that.  Again: when you
                             are responsible for killing a woman's unborn child
                             what should the right punishment be?  And
                             seriously, I'd check with a woman before trying to
                             claim "the pregnancy has no innate value apart
                             from the mother".
                             \_ You misread: I said "the pregnancy has no
                                innate value apart from _to_ the mother."
                                The right punishment depends on whether
                                killing the woman's unborn child is a crime.
                                If she asks you to do so, then no. In this
                                case, yes. As such, the punishment should
                                reflect the loss to the mother.
                                \_ I didn't misread at all.  I quoted exactly
                                   what you said and kept the context.   Now
                                   then, of course killing her unborn child is
                                   a crime, don't be daft.  It wasn't a legal
                                   abortion, it was killed.  The only question
                                   is what is the correct punishment.  So far
                                   the motd has offered a $50 fine, 6 months
                                   probation and banned from practicing
                                   medicine in that state.  whoop-de-doo.  Go
                                   ask your wife/gf what the punishment should
                                   be and get back to me.
                                   \_ 1) You didn't quote me exactly: you
                                      missed the "to." 2) I've already agreed
                                      with you that it's a crime in this case.
                                      \_ All this stuff is a side show.  What
                                         penalty is appropriate?  So far the
                                         motd says $50 and 6 months probation.
                                         \_ Before I do so, I want you to
                                            explicitly state that you won't
                                            turn any punishment proposed into
                                            into a "Well, if for this, why
                                            not the same for abortion?"
                                            nonsense spiel.
                          \_ One thing I find suspicious is that most
                             arguments for abortion vanish with sufficient
                             technology.  This means that either you should
                             believe morality changes with technology or you
                             should believe abortions are wrong. -- ilyas
                             \_ or it means ilyas is an idiot
           \_ How about "practising medicine without a license"?  I heard even
              a good samaritan without a CPR license applying CPR to save
              someone's life can be charged with this.  -- !OP
              \_ Oh yeah right, so that'll get him what?  3 months probation
                 and a $50 fine and he won't be allowed to practive medicine
                 in that state again?  Again, if this was your wife who got
                 her child force aborted, what charges would you think were
                 sufficient and would your wife agree?
                 \_ Practicing medicine without a license is a serious felony,
                    with a one year prison sentence as possible punishment.
                    ObGetAClue
                    \_ Yes and the odds of 1 year for a first offense is about
                       zero.  So now you think 1 year is enough for killing
                       her unborn child?  Is that a good punishment to you?
                       \_ Your claim was that the punishment was a $50 fine.
                          Your claim is BS, as I have demonstrated. I think
                          that is about the right punishment for the crime of
                          "practicing medicine without a license." I don't
                          really know what the penalty is for poisoning someone
                          such that they had an involuntary abortion, but
                          it should probably be a bit higher than that.
              \_ Not sure about that one, but the California Court of Appeal,
                 Second Appellate District, Division 3 did reverse a Good
                 Samaritan case where a GS moved an accident victim and may
                 have caused paralysis:  http://csua.org/u/k4x (About.com)
                 \_ Gee.  Was it the crash victim or the family who sued the
                    GS rescuer?
2025/05/23 [General] UID:1000 Activity:popular
5/23    

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csua.org/u/k4x -> firstaid.about.com/od/medicallegal/a/07_no_good_sam.htm
Medical Review Board My Opinion: A California Appellate Court Muddied the Water The placement of California's Good Samaritan statute has all but rendered it useless for the very population it should protect, thanks to an appellate court ruling. Good Samaritan laws are meant to protect lay people who, for no reason other than kindness, come to the aid of fellow human beings in need. The general concept is that, as long as you help without any expectation of payment or reward, you will be immune from liability for screwing things up while you're trying to help - as long as you don't screw up really bad. A ruling on March 21, 2007, by the California Court of Appeal, Second Appellate District, Division 3, essentially restricts California's version of the Good Samaritan Law - the one we think we're following when we stop at a car crash - to only acts that can be defined as emergency medical care. Emergency medical care apparently does not include rescue, which is the act in question in this case. A lay rescuer pulled an injured victim from a car the rescuer thought was going to catch fire. The victim is now paralyzed and there is some debate whether the rescuer's actions or the crash caused the paralysis. Let me state at least one obvious point here: no crash equals no injuries equals no need for a rescuer at all. The rescuer sought and won a summary judgment (basically a get-out-of-court-free card) from a superior court judge. That judgment has now been overturned by the appellate court, partially because of where the law is found. California's Good Samaritan Law is part of Division 25 of California's Health and Safety Code. Among other things, Division 25 covers emergency medical services for the state. Because of that, the appellate court plugged the word "medical" where it doesn't exist. No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. According to the ruling, the existence of the word "medical" in the last sentence, and the statute's location near other sections regarding emergency medical services means that only medical care is covered by the law. Because of the court's decision that moving a victim to a safer location is not medical care. From the decision, written by Justice H Walter Croskey: "There may be circumstances in which moving someone from their current location is a matter of medical exigency, such as where a carbon monoxide poisoning victim needs to be moved to a source of fresh air. We do not hold that the act of moving a person is never the rendition of emergency medical care, only that it was not in this case." The problem with this thinking is that untrained rescuers - the very population this law is intended to protect - are supposed to make a determination as to whether the care they are rendering is medical in nature in order to benefit from Good Samaritan protection. The next time I'm lying in a car, unable to move, I want a Good - nay, Great - Samaritan to pull me free of the burning mass of twisted metal. Even if it turns out, as it may in this case, that the smoke was just from the airbags being deployed. I teach, and will continue to teach, that positioning and location are part of medical care at the scene of an emergency. I don't know if the defendant in this case jumped the gun, but she - and all the other potential Good Samaritans to come after her - deserve to have this ruling overturned.