law n society paper 3

law n society paper 3 - Cooper 1 Kristen Cooper Professor...

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Cooper 1 Kristen Cooper Professor Slamon 16. Nov. 2007 Inconsistent Interpretations The vast array of legal philosophies in conjunction with different theories of constitutional interpretation can result in inconsistent interpretations. In George Will’s article “Mich. ‘defense of others’ law highlights abortion irony” , he is quick to point out the inconsistencies that exist in our current abortion law. This paper will discuss the inconsistencies as pointed out by Will, as well as to compare another inconsistency in the law. I will also discuss the importance of consistency in the laws. Jacyln Kurr was approximately seventeen weeks pregnant with quadruplets when the babies’ father attacked her yet again. Kurr fought back, fatally stabbing Antonio Pena. Kurr claimed she was defending the lives of her unborn babies under the defense of others doctrine, which “allows an individual to protect an unborn baby only from unlawful violence”. The trial court judge refused to allow Kurr to use the defense of others doctrine, because the babies were under twenty two weeks old and therefore not viable forms of life. Kurr was convicted of voluntary manslaughter. The court of appeals however, ordered a new trial on the grounds that Kurr should have the right to use the defense of others during her trial. The first of many inconsistencies I came across in the article addressed elements of
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law n society paper 3 - Cooper 1 Kristen Cooper Professor...

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