wpegg: Could someone help me out. I'm below average on my knowledge of laws in any country (including my own), but after reading that very tedious document, I couldn't find anything that shifted the burden of proof.
The document defined prenatal murder as being one that was not caused by any human involvement, however I couldn't see where it said that involvement would be assumed. This is probably because: it regularly refers to amendments a bill that I didn't have access to, that I'm English and therefore making assumptions about your legal system, and that it's getting late and I'm tired.
I did find it interesting that in between trying to define the rights of an unborn baby, the bill also slips measures which look as though they are to begin the prevention of contraception (for example stopping it being available in schools - line 158). I can only assume that the next step is to argue that sperm are half human and therefore it is half murder, a bit like killing a midget ;).
My own interpretation of this bill, not being from america, is that it is just another pro lifer saying what they've always said, and trying to get it into law just as they usually do. Then he'll probably go visit Sarah Palin and shoot a few animals to exercise the freedom that life has given him.
Incidentally I don't disagree with his intentions of reclassifying victims to accusers. From a legal perspective it strikes me that the term does convey an assumption of guilt, which should be absent from a legal system until the accused is found guilty. He could perhaps have simply gone with "alleged victim".
I agree with this 'victim' to 'accuser' is more accurate.
But a miscarriage shouldn't be anyone else's business and the person is suffering enough from the incident. Even if this is a blanket law it's a terribly stupid and intrusive law into something that should be no one's concern but the mother's.