In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated.
So, it comes back to my first argument - if you really think that an abortion is the murder of a human, then it is in the first degree, right? And if so, the penalty would be pretty high. Are you OK with that?
> So, it comes back to my first argument - if you really think that an abortion is the murder of a human, then it is in the first degree, right?
Why would that follow logically? Willfulness and premeditation are two aggravating factors that make first degree murder “worse” than lesser degrees of murder. That doesn’t mean that those are the only factors that can be used to distinguish different degrees of culpability for killing a human. The law of homicide is extremely sensitive to context and circumstances.
It’s entirely consistent to believe on one hand that abortion is murder (intentional killing of a human being), and to believe on the other hand that the circumstances are mitigating factors that lessen the gravity of the offense.
It’s even consistent to believe that abortion is murder, but doesn’t warrant any punishment at all—like killing in self defense. Under German constitutional law, for example, abortion is deemed a deprivation of a right to life that begins at conception. But the German constitutional court has held that, nonetheless, the state doesn’t necessarily need to criminally penalize it.
So, it comes back to my first argument - if you really think that an abortion is the murder of a human, then it is in the first degree, right? And if so, the penalty would be pretty high. Are you OK with that?