Partial Birth Abortion Ban

It suddenly occurs to me that, since the recently-upheld partial birth abortion ban is a federal law, and therefore enforced by the Justice Department, I may have to work on a partial birth abortion prosection during my work at Justice this summer.

I wonder which unit that'll be in? I would guess General Crimes, though I suppose Violent Crimes might also be a possibility.

Fun fact: In the New York State Penal Code, there's one section for "Laws Governing Violent Crimes." The next section is "Laws Governing Abortion and Murder." And, indeed, that section just covers abortion and murder; it gives definitions of terms, then it discusses various degrees of manslaughter, then various degrees of murder, then abortion. The abortion statutes are weird, though, in that they all conclude with a throwaway "...Is illegal and shall be considered a Class A Felony, Unless subsection 2 of the abortion definition section applies." Subsection 2 of the abortion definition section says "If the woman consents, it's not illegal." So, by a weird sort of patchwork, the laws seem to only ban involuntary abortions. It's not altogether unusual to run into a weirdly-constructed penal code, since codes are crafted ad-hoc by legislatures over the years, but it's always interesting to run into one that requires you to read multiple statutes to figure out what the crime is.

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This page contains a single entry by Zach published on April 18, 2007 11:21 PM.

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