Posted on Jun 16, 2022
Criminal defense lawyers sound the alarm about mass incarceration if Roe falls
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https://www.npr.org/2022/06/16/ [login to see] /scotus-roe-v-wade-abortion-law
Picture a court of law, jury in place, set to determine the fate of a woman who has had a miscarriage. And she's been charged with murder.
This hypothetical is part of how the National Association of Criminal Defense Lawyers (NACDL) is training its members to prepare for a wave of criminal charges if, as expected, the Supreme Court overturns Roe v. Wade.
Only it's not a hypothetical — this happened in 2019. After a California woman delivered a stillborn baby at 8 months, she tested positive for meth at the hospital and the staff called the police. The Kings County prosecutor charged her with the "murder of a human fetus" and she spent 16 months in jail before the charges were dismissed.
NACDL executive director Lisa Wayne watched the case with concern. She and her colleagues decided they needed to be proactive and start getting ready for what they felt was inevitable.
"Although, I don't think you can ever say you'll be totally prepared for this kind of watershed moment," Wayne said.
Picture a court of law, jury in place, set to determine the fate of a woman who has had a miscarriage. And she's been charged with murder.
This hypothetical is part of how the National Association of Criminal Defense Lawyers (NACDL) is training its members to prepare for a wave of criminal charges if, as expected, the Supreme Court overturns Roe v. Wade.
Only it's not a hypothetical — this happened in 2019. After a California woman delivered a stillborn baby at 8 months, she tested positive for meth at the hospital and the staff called the police. The Kings County prosecutor charged her with the "murder of a human fetus" and she spent 16 months in jail before the charges were dismissed.
NACDL executive director Lisa Wayne watched the case with concern. She and her colleagues decided they needed to be proactive and start getting ready for what they felt was inevitable.
"Although, I don't think you can ever say you'll be totally prepared for this kind of watershed moment," Wayne said.
Criminal defense lawyers sound the alarm about mass incarceration if Roe falls
Posted from npr.org
Abortion
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Posted 2 y ago
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PO1 William "Chip" Nagel
...""At the end of the day, it's going to be the bias going into the courtroom," Wayne said. "The bias dealing with the district attorney who has preconceived notions of their own about how these cases should be prosecuted, the judges who oversee these cases and how they feel — and then ultimately go to the jurors' bias."
And that's a main focus of NACDL's training at the moment: preparing to help clients who have been charged with abortion-related crimes look sympathetic and relatable to a group of their peers (wherein the degree of difficulty varies, depending on your race.)
But in some cases, that might not be enough. While more than a dozen states have trigger laws that would immediately go into effect if Roe is lifted, restrictive abortion bans already exist in many states — some without exceptions for rape, incest or to save the life of the mother. And the Supreme Court might be about to grant state lawmakers the freedom to ban abortion however they want.
So when a jury is asked to determine whether someone broke a law post-Roe, even a "perfect victim" might still be a guilty one."
...""At the end of the day, it's going to be the bias going into the courtroom," Wayne said. "The bias dealing with the district attorney who has preconceived notions of their own about how these cases should be prosecuted, the judges who oversee these cases and how they feel — and then ultimately go to the jurors' bias."
And that's a main focus of NACDL's training at the moment: preparing to help clients who have been charged with abortion-related crimes look sympathetic and relatable to a group of their peers (wherein the degree of difficulty varies, depending on your race.)
But in some cases, that might not be enough. While more than a dozen states have trigger laws that would immediately go into effect if Roe is lifted, restrictive abortion bans already exist in many states — some without exceptions for rape, incest or to save the life of the mother. And the Supreme Court might be about to grant state lawmakers the freedom to ban abortion however they want.
So when a jury is asked to determine whether someone broke a law post-Roe, even a "perfect victim" might still be a guilty one."
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Imagine, I give a man directions to the nearest hospital. His wife is having a miscarriage. I then get charged with murder also, because I gave him directions. My wife was with me at the time, so she gets charged, too. As do my sons, because they were with me.
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The laws must be enforced. In our system of justice one is adjudicated by a jury of their peers or a judge. Attorney's are trained to WIN THEIR CASES, not search for the truth, as is often stated in court. Therefore, as is often the case, the party with the best attorney wins. They should be trained for all potential law suits stemming from a repeal of Roe v Wade, which was bad law to begin with. This matter lies within the purview of the states.
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