Guest-Blogging: Insanity On Demand Courtesy Of The State Of Hawaii
Hat-tip: Michelle Malkin and Stop the ACLU
http://stoptheaclu.com/archives/2005/12/01/ruling-pregnant-moms-can-now-harm-babies/
The Supreme Court of Hawaii has ruled that unborn children are not “human beings,” and therefore women cannot be prosecuted for causing the death of babies by harmful behavior during their pregancies.
The unanimous decision overturns the manslaughter conviction of 32-year-old Tayshea Aiwohi, who was found guilty in connection with the death of her newborn son by smoking crystal methamphetamine shortly before his birth.
“I’m extremely happy and grateful,” said Aiwohi. “I believe [the case] changed me into a better person and I just hope to share that with others.”
Yes, I'm sure she is happy. She avoided a jail sentence. This is utterly preposterous. This woman is guilty of a crime, and to protect an "illegal" right bestowed by the black-robed "gods" in 1973, they had to let her off the hook. This makes me sick.
Tayshea gave birth to her son, Treyson, July 15, 2001, but the boy perished within two days with high levels of methamphetamine and amphetamine in his system, according to the local coroner.
The woman allegedly admitted to using the drugs for three days before the birth and took a “hit” on the morning her son was delivered.
In their ruling, the justices cited statutes noting a crime needed to be committed against “a human being.” They declared since Treyson was not a “person” when Tayshea was smoking the drugs, she could not be prosecuted for harming the infant in her womb.
“The proscribed conduct must have been committed at a time when Treyson ‘qualified’ as a ‘person,’ defined by the Hawaii Penal Code as ‘a human being who has been born and is alive,’” they wrote.
“It is so insane,” Nancy Heisser of Grants Pass, Ore., told WorldNetDaily. “A little baby died, and the mother walks away scot-free. This is a travesty against this little one.”
Not only is decision a travesty against the child who was killed by his negligent, dope-smoking, worthless mother, but this is an absolute travesty of justice. Further, it sets an extremely dangerous precedent. In essence, this ruling states that a pregnant woman can't be held accountable for anything that intentionally kills their unborn children. It goes beyond the act of abortion; what she did was commit murder. This law in Hawaii is nothing more than a way to split hairs. Because he was not born yet, he doesn't classify as a human being.
To that logic, I argue that had Aiwohi NOT been doing an illegal narcotic, her son would have likely been born just fine. She engaged in an illegal act that caused the death of her son. She's relieved she's not going to jail. Here's the question I have for this "hero" of the liberals: Is there any remorse? Did this situation change anything about her life? Will she walk away from the drugs? I'm willing to bet (any takers) that the answer to each of these questions is "no."
We have a law on the books that protects an unborn child against violence committed by someone other than the mother. Had this been a case where a boyfriend had beaten her, or shot her, and the child had died, the assailant would have been rung up quicker than a bargain hunter on Black Friday. But it wasn't. It was the mother. This is just absolutely disgusting. I'm so angry at the Hawaii State Supreme Court right now I could spit ten-penny nails. This is EXACTLY why the war for the courts is so important, both on the state and the federal level. I do hope the prosecutor appeals this idiotic decision. This woman just skated on what should have been a second-degree murder charge. (Second degree as the use of drugs does not connotate premeditation. She was not purposely doing the drugs to kill her child. She was doing the drugs because she was stupid, and started doing them in the first place.)
Further, I'm angry because the state of Hawaii decided to rule on the side of a drug-addled mother who didn't have enough brains left in that rattling skull to know what she was doing was going to kill the kid. I might catch Hell over this, but I'm wondering how she got pregnant in the first place. Was she whoring herself out for that quick fix, and forgot the condom? Did she really try to pursue a healthy pregnancy, or was she hoping to have a "healthy" child she could sell for a fix later? Like I said, I'm angry.
Above all, I'm angry at the fact that so many lawyers and judges are willing to look the other, give a slap on the wrist, and turn these losers loose back on society. In a day and age where methamphetamine use is at an all time high, where drug-runners in Mexico are sending this poison across our borders, and low-lifes are cooking it up in homemade labs, we have a ruling from the state of Hawaii that excuses a woman who not only used it, but killed her kid with it. I'm sick of this. The Hawaii State Supreme Court could have upheld the initial ruling, and let her and her blood-sucking lawyer appeal it. It would have maintained the integrity of the judiciary. Now, they're just as worthless as this woman was. I hope she enjoys that next hit, and I hope it kills her. And no, I'm not sorry for saying that.
Mistress Pundit
Hat-tip: Michelle Malkin and Stop the ACLU
http://stoptheaclu.com/archives/2005/12/01/ruling-pregnant-moms-can-now-harm-babies/
The Supreme Court of Hawaii has ruled that unborn children are not “human beings,” and therefore women cannot be prosecuted for causing the death of babies by harmful behavior during their pregancies.
The unanimous decision overturns the manslaughter conviction of 32-year-old Tayshea Aiwohi, who was found guilty in connection with the death of her newborn son by smoking crystal methamphetamine shortly before his birth.
“I’m extremely happy and grateful,” said Aiwohi. “I believe [the case] changed me into a better person and I just hope to share that with others.”
Yes, I'm sure she is happy. She avoided a jail sentence. This is utterly preposterous. This woman is guilty of a crime, and to protect an "illegal" right bestowed by the black-robed "gods" in 1973, they had to let her off the hook. This makes me sick.
Tayshea gave birth to her son, Treyson, July 15, 2001, but the boy perished within two days with high levels of methamphetamine and amphetamine in his system, according to the local coroner.
The woman allegedly admitted to using the drugs for three days before the birth and took a “hit” on the morning her son was delivered.
In their ruling, the justices cited statutes noting a crime needed to be committed against “a human being.” They declared since Treyson was not a “person” when Tayshea was smoking the drugs, she could not be prosecuted for harming the infant in her womb.
“The proscribed conduct must have been committed at a time when Treyson ‘qualified’ as a ‘person,’ defined by the Hawaii Penal Code as ‘a human being who has been born and is alive,’” they wrote.
“It is so insane,” Nancy Heisser of Grants Pass, Ore., told WorldNetDaily. “A little baby died, and the mother walks away scot-free. This is a travesty against this little one.”
Not only is decision a travesty against the child who was killed by his negligent, dope-smoking, worthless mother, but this is an absolute travesty of justice. Further, it sets an extremely dangerous precedent. In essence, this ruling states that a pregnant woman can't be held accountable for anything that intentionally kills their unborn children. It goes beyond the act of abortion; what she did was commit murder. This law in Hawaii is nothing more than a way to split hairs. Because he was not born yet, he doesn't classify as a human being.
To that logic, I argue that had Aiwohi NOT been doing an illegal narcotic, her son would have likely been born just fine. She engaged in an illegal act that caused the death of her son. She's relieved she's not going to jail. Here's the question I have for this "hero" of the liberals: Is there any remorse? Did this situation change anything about her life? Will she walk away from the drugs? I'm willing to bet (any takers) that the answer to each of these questions is "no."
We have a law on the books that protects an unborn child against violence committed by someone other than the mother. Had this been a case where a boyfriend had beaten her, or shot her, and the child had died, the assailant would have been rung up quicker than a bargain hunter on Black Friday. But it wasn't. It was the mother. This is just absolutely disgusting. I'm so angry at the Hawaii State Supreme Court right now I could spit ten-penny nails. This is EXACTLY why the war for the courts is so important, both on the state and the federal level. I do hope the prosecutor appeals this idiotic decision. This woman just skated on what should have been a second-degree murder charge. (Second degree as the use of drugs does not connotate premeditation. She was not purposely doing the drugs to kill her child. She was doing the drugs because she was stupid, and started doing them in the first place.)
Further, I'm angry because the state of Hawaii decided to rule on the side of a drug-addled mother who didn't have enough brains left in that rattling skull to know what she was doing was going to kill the kid. I might catch Hell over this, but I'm wondering how she got pregnant in the first place. Was she whoring herself out for that quick fix, and forgot the condom? Did she really try to pursue a healthy pregnancy, or was she hoping to have a "healthy" child she could sell for a fix later? Like I said, I'm angry.
Above all, I'm angry at the fact that so many lawyers and judges are willing to look the other, give a slap on the wrist, and turn these losers loose back on society. In a day and age where methamphetamine use is at an all time high, where drug-runners in Mexico are sending this poison across our borders, and low-lifes are cooking it up in homemade labs, we have a ruling from the state of Hawaii that excuses a woman who not only used it, but killed her kid with it. I'm sick of this. The Hawaii State Supreme Court could have upheld the initial ruling, and let her and her blood-sucking lawyer appeal it. It would have maintained the integrity of the judiciary. Now, they're just as worthless as this woman was. I hope she enjoys that next hit, and I hope it kills her. And no, I'm not sorry for saying that.
Mistress Pundit
posted by Syd And Vaughn | 9:35 AM
3 Comments:
the bigger question, and maybe i missed this in the reading because i'm tired, is can the prosecution appeal to the U.S. appellate (sic) courts and/or the u.s. supreme court to put this crackwhore behind bars again?
OUTRAGEOUS! I note that the Hawaii is part of the 9th Federal Court of Appeals. One thing that distinguishes us from most other countries is we value the individual. The decision is offensive and insulting. It will be reversed. Rawriter
Nytehex,
I believe they can appeal it based on the sheer fact that she committed a crime (use of illegal narcotics) and the court let her walk completely.
As to a Constitutional issue, and could it head to the appellate courts, that one's a tough question. Constitutionally speaking, there's nothing that could be presented. Her Fifth Amendment rights were observed, and the Fifth is also what makes it hard to attempt a trial again. The illegal drug use--that she could be charged with.
However, to use your terminology, this crack-whore might see a couple years behind bars....maybe. Unfortunately, this is another case of the courts opting to play a role other than what they're assigned under the powers of Article III.
To be clear, when I first read this, I was angry. The better nature of my angels have intervened, and I see little hope of putting this worthless piece of trash in jail. It's slim. Thank God I'm not a criminal attorney, otherwise I might be willing to cook my career going after this woman.
Mistress Pundit
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