Hawaii high court says fetus not a person, reverses mother’s manslaughter charge

.- Yesterday, the Hawaii state Supreme Court handed over a precedent-setting opinion, ruling that 32-year old Tayshea Aiwohi could not be convicted of killing her unborn child, because at the time, it was not a “person.”

In July of 2001, Aiwohi gave birth to her son, Treyson, who died two days later due to his mother’s use of methamphetamine while she was pregnant.

She was initially convicted of manslaughter but was able to appeal the decision all the way to the high court. To date, no appeals court in the U.S. has ever upheld an manslaughter charge for a mother who caused the death of her child while pregnant.

In their Thursday decision, all five of Hawaii’s Supreme Court Justices agreed that the charge should be overturned because, they said, the child was not a “person” when Aiwohi smoked the drug.

When he was born, Treyson was found to have had high levels of methamphetamine in his system and Aiwohi even admitted to having taken a “hit” on the morning of his birth.

According to the Honolulu Advertiser, City Deputy Prosecutor Glenn Kim, who handled the trial and appeal, was disappointed in the decision. "We continue to believe that babies such as Treyson Aiwohi deserve the protection of the law," he said.

"And we also continue to believe that people like Tayshea Aiwohi doing what she did to her baby continue to deserve to suffer the consequences of the law for those actions."

Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages


Ads by Google (What's this?)

Featured Videos

3D Church mapping
3D Church mapping
#PAUSEforPeace Initiative
Dedicating art to San Juan de la Cruz
A state without territory elects new government
The renewal of the Legionaries of Christ
Presentation of the book "The Pastor"
Synod on the Family October 2014
Preferential option for the poor
God is alive, even in sport
'A forbidden God' named Best Film at the International Catholic Film Festival
Vatican backs a 'Pause for Peace' during World Cup final
The effects of religious violence in Sarajevo 
The origin of Corpus Christi 
Corpus Christi at the Vatican 
Homage to an Indian Cardinal
Train of the Child's Light
New book explaining gestures of the Mass
Encounter between Pope Francis and the Charismatic Renewal in the Spirit Movement.
Religious tensions subside amid Balkan floods
John Paul II Center for Studies on Marriage and Family

Liturgical Calendar

July 30, 2014

Wednesday of the Seventeenth Week in Ordinary Time

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Mt 13:44-46


Daily Readings

First Reading:: Jer 15: 10, 16-21
Gospel:: Mt 13: 44-46

Saint of the Day

St. Peter Chrysologus »


Homily of the Day

Mt 13:44-46


Ads by AdsLiveMedia.com

Ads by AdsLiveMedia.com
Text only

Follow us: