By Fred Jackson
The Michigan Court of Appeals says a pregnant woman has a right to use deadly force to protect the life of her unborn baby—even if her own life is not threatened.
In making the unanimous ruling, the appeals court overturned the manslaughter conviction of Jacklyn Kurr. The case stemmed from a quarrel involving Kurr and her boyfriend, Antonio Pena, the father of the baby. Kurr testified that when he punched her in the stomach, she responded by stabbing him in the chest, killing him. At the time, she was 16 to 17 weeks pregnant. She eventually miscarried.
During her initial trial, the jury rejected her argument that she was acting in self defense and sentenced her to 5 to 20 years in prison. But in reversing that conviction, the appeals court has ordered a new trial, saying the trial judge should have let her argue that she was defending not only herself, but also—in the court's words—”her unborn child.”
The New York Times quotes a lawyer for the pro-abortion Center for Reproductive Law and Policy who says the appeals court decision is consistent with Supreme Court rulings in such cases. Linda Rosenthal says when a woman is carrying a wanted pregnancy, that decision is protected by the Constitution—and she has a right to protect that child.
Kurr remains in prison pending a new trial. A prosecutor in the case says the state would ask the Michigan Supreme Court to hear the case.
(This article courtesy of Agape Press.)
