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common assignment recording

common assignment recording

Grace Mitchell

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The podcast discusses the argument over whether abortion should be criminalized or not. It provides background on the history of abortion laws in the United States and the arguments made by both sides. The pro-choice side believes that criminalizing abortion would lead to unsafe procedures and infringe on women's rights. They argue that women should have the autonomy to make decisions about their own bodies. On the other hand, the pro-life side believes that abortion is taking away a human life and should be criminalized. The podcast also highlights the importance of considering different circumstances and the potential negative consequences of total abortion bans. The speaker personally leans towards the pro-choice side and emphasizes the importance of women's rights and freedom of choice. In this podcast, I will be discussing the argument over whether abortion should be criminalized or not. For a bit of background context, a criminal law is defined as a system of law that outlines offenses against a community at large and how suspects are investigated and punished. This topic surfaces a variety of complex issues brought up by both stakeholders. The first stakeholder being individuals who believe abortion shouldn't be criminalized and the second stakeholder being those who support the criminalization of abortion. Abortion has been around for centuries. The first recorded evidence of abortion dates back to 1550 BCE in Egyptian medicine. Early forms of abortion were non-surgical. Women were recommended certain herbs and suppositories to aid in the abortion. The ancient Greeks and Romans did not believe that the fetus was alive. The most common way of distinguishing between the informatis, which meant unformed, and the formatis, which meant the fetus was formed and had a soul, was called the quickening. The quickening was believed to be when the woman first felt the baby move. This determined that the baby was now alive. In 1800, Connecticut was the first U.S. state to make abortion a criminal offense. Following this, in 1821, Connecticut implemented a new law that also punished the individual who provided the woman with the substance that was used for the abortion. By the 1900s, abortion was illegal in every U.S. state. Some states did allow exemptions for women who were pregnant from rape or incest. By 1920, women began to recognize that they wanted a change in regulations on abortion. In 1921, Margaret Sanger founded the American Birth Control League, which we now know as Planned Parenthood. During the time of the Great Depression, abortion rates increased because of the rising rate of maternal deaths. Along with this also came many deaths caused by botched abortions. Many illegal abortion clinics were raided and the doctors were arrested. In the 1950s, more discussions on changing abortion laws came up. In the 1960s, the Equal Rights Movement surfaced at the political stage, which also brought arguments for women's rights. In 1967, Colorado became the first state to legalize and decriminalize abortions for women who were pregnant from cases of rape, incest, and for individuals who would become physically disabled if they had to go through a pregnancy. Following this, in 1970, Hawaii became the first state to fully legalize abortion. Additionally, in 1970, New York started to allow abortions up until the 24th week of pregnancy. Alaska and Washington also implemented similar laws. In the 80s, the Supreme Court ruled that minors could ask the court for permission to have an abortion without their parents knowing. And in 1994, Bill Clinton signed the Freedom of Access to Clinic Act. This act established that physically obstructing the entrance to a clinic as a federal crime. In 2016, the Supreme Court ruled that Texas could not restrict abortion services, which would create unneeded burdens on people seeking abortions. Now, recently, the Supreme Court overturned Roe v. Wade. This leaves it up to each state to decide whether abortions should be legal in their state or not, and under what conditions. This has led to countless discussions on under what conditions abortions should be allowed at all, and if it should be fully up to the woman to decide. On one side of this argument are the individuals who believe there shouldn't be any restrictions on abortions. This is most commonly classified as people who are pro-choice. These individuals provide many arguments. One key point that they address is the safety aspects of making abortion a criminal offense. Many argue that criminalizing abortion isn't stopping abortion, but they argue that it is only taking away safe abortions. Abortion is much more common than what many may think, with one-fourth of pregnancies ending in abortion. Pro-choice individuals believe that taking away a medical procedure that is frequently used could only result in more women getting harmed. Women who need or want abortions are still going to find a way. This results in many women relying on unprofessional and underground abortions. This particularly affects women that have low income. Many women don't have the money or resources to travel to states where abortion is legal or to find other means to get the medical attention. The World Health Organization estimates that there are over 25 million unsafe abortions each year. This backs up that whether abortion is legal or not, people will still find ways. Unsafe abortions have many potential fatal consequences and is ranked number third in leading causes for maternal death. Pro-choice activists argue that making abortions legal would save the lives of many women from preventing unsafe abortions and preventing women from becoming disabled from having to carry a child they physically could not handle. Another main reason people support having access to legal and safe abortions is that it allows women to make the decisions for themselves and do what's best for their situation. They argue that taking away a woman's right to do what she wants with her body is discriminatory. They also argue that taking away this right and criminalizing abortion is undermining the rights of women. Another argument supporting the pro-choice agenda is that making laws on women's bodies is an invasion of privacy. This also brings up conversations on how everyone's situations are different, and making a black and white law with no exceptions can be invalidating and overlooking to someone's circumstances. On top of this, they speak up about how some women may not be comfortable having to explain their situation to determine if they should be allowed to get an abortion or not. Overall, the pro-choice side believes that women should be able to make decisions concerning their own bodies and that allowing access to safe abortions will help women stay healthier and safer. Additionally, they also support the idea that women should be able to make these decisions in private and without having to explain themselves to a court. The second stakeholder in this argument are people who are pro-life. Being pro-life means you support the criminalization of abortions. The pro-life side brings up arguments based on religion, morals, and other topics. A main point that the pro-life side tends to bring up is that abortion is taking away a human life. They argue that a life begins at conception and that the fetus should be considered a human. The pro-life side combats statements such as, you can't tell a woman what to do with their body, with claims that while the fetus is in the mother's body, they are still two different people. Along with this, they argue that abortion is safe for the mother but is still taking away another human life. Although many people who identify as pro-life do support the criminalization of abortion, others believe that women who get abortions should be considered the victims in the situation. Similarly, some think that the women should not be penalized but the person who performed the operation should be. Another side to the pro-life agenda is those who are against abortion because of their religion. Some believe that God is the creator of life and that abortion takes away a life, which in turn interferes with his plan. Personally, I have always been more towards the pro-choice side of this argument. Although I see good arguments on both sides, I do not think that getting an abortion is grounds for criminal law. One overall opinion of mine on the topic of criminalizing abortion is that men should not have a say when deciding on a law on women's bodies. I feel as though all throughout history, women have been excluded from legal and decision making processes. While there are no laws on the male body, there are countless laws that discriminate against women's freedoms. In 2006, an organization called the Forum for Women, Law, and Development identified 172 legal provisions of the 83 various regulations that are discriminatory against women. Although 65 of these laws and regulations were amended after the Gender Equality Act of 2006, if we criminalize abortion in 2023, we would be taking a huge back in women's rights. Allowing men to make such an impactful law for women when it has no effect on their rights and freedoms seems to be hypocritical and impractical to me. I also feel that it is important to recognize that different people are all going through different circumstances and that allowing the freedom to decide whether they want an abortion or not is important. While I can see why some individuals are pro-life because of religious reasons, I think this is a perfect example of why having a choice is important. While some people may be against abortion for personal reasons, there should still be an option for people who believe abortion could be something they might settle on. I do believe women should not have to be questioned to determine if they should be able to get an abortion or not, but I can agree that there should be a few restrictions in place. Recently in the United States, a total of 14 states are imposing total abortion bans. This includes in cases of rape and incest. This is concerning to me as it would force victims and young girls to go through a pregnancy that could be physically harmful and traumatic. This could also be considered a violation of bodily autonomy, which is the right for a person to decide what happens to their body without any influence. One story that I feel is a good example of why we shouldn't criminalize or have a total abortion ban is about a 13-year-old girl from Mississippi who was refused an abortion after being raped and impregnated. The girl and her mother were told that the closest location to legally get an abortion was in Chicago. This was a nine-hour drive from their home. The cost of an abortion in Chicago along with the cost of getting to Chicago was too expensive. This forced the girl to have to go through the pregnancy and birth the child of her rapist at only 13 years old. There are many other girls with similar stories. There are also many grown women who have been refused an abortion. One couple from Texas was expecting a baby. At the wife's 18th week of pregnancy, her water broke. After going to the hospital, they were told that there were complications with the baby and that she would end up having a miscarriage. When the couple asked if they could have an abortion, they were told that they only could when the wife was considered sick enough that her life was at risk. This story is a great example that abortions aren't only for people who get pregnant by accident. They are also for people who have complications during wanted pregnancies. This results in more risks that women must face while pregnant. Criminalizing abortions would violate a woman's right to medical attention and put their lives at greater risk. Another big reason why I'm against the criminalization of abortion is because of the state of foster care and the number of kids who need help. I personally think that we shouldn't be forcing a woman to have kids that they are not able to support or maybe not even want when there are these issues going on and being unsolved. One article I read while researching discussed what percentage of students live in poverty. The study found that Mississippi had the highest rate of public school students living in poverty at a 71%. The lowest percent was New Hampshire at a 27%. All other states fell between the two with most landing around 40 to 48%. This rate of children living in poverty is extremely concerning. Children living in poverty show higher rates of behavioral issues, mental health issues, and high levels of stress. Taking the option away from a woman who most likely is already struggling to support her self to give birth and raise a child really only leaves them with having to give the baby up for adoption. The United States is currently facing overpopulation in the foster care system along with the shortage of homes, which isn't the most ideal environment to throw another child in. Overall, I am against abortion becoming a criminal law because I feel that it is a violation of privacy for a law to be made that prohibits a woman from a medical procedure. I also feel that it violates their rights to bodily autonomy. Lastly, I am against the criminalization of abortion because it forces more children into poverty and into the overcrowded foster care system. The only time I feel that an abortion should not be performed is when the woman is healthy and the fetus has developed past a certain point. Studies show that at 24 weeks of pregnancy, the baby has a chance of survival if they are born. I feel that if it gets past 24 weeks of pregnancy, the woman should have to carry out the pregnancy if they are physically able to. I feel like there is only one option to this argument. If abortions are fully legal with restrictions based on the baby's development, then those who want or need an abortion have safe access to the procedure and individuals who do not support abortion can make their own decisions to not consider it as an option.

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