And, I have to ask here: Are you going to insist it can only be potential? I mean. At that point the "potential" as you call is greatly increased. If nothing happens, it's a human.
"If you don't act, a human will come into being" does not mean the same thing as "it's human". These are not morally equivalent things. It doesn't matter how great the "potential" is; a potential thing is still not an existent thing.
In a word, ignorance. Also selective enforcement.
Are you seriously trying to tell me that negligent infanticide is only illegal because of ignorance, and that it shouldn't be criminal? I like to think that isn't what you're saying, so I'd appreciate clarification.
There's a fine line between a miscarriage and a that. Miscarriages happen fairly often and far more often than most people think. I know several women who have had them, repeatedly. Good luck really telling the difference.
Er... I'm not sure what you mean here. Miscarriages (generally) aren't the result of negligence and mostly only happen very early in pregnancy, where the personhood of the embryo is very much in question. When you say "telling the difference", you mean telling the difference between what and what, exactly?
First, no. Miscarriages happen all the time, at various stages of the pregnancy. Fact of the matter is, both mother and child can very easily die at any time of pregnancy. Historically, it wasn't uncommon for women to die in childbirth. Same thing for the baby. No, people do not understand miscarriages.... Trust me, I am the gay friend whose damp shoulder has been cried upon many a times for this. People just don't talk about it.
Second, "Telling the difference:" Between a miscarriage and a negligent infanticide. It is hard. Don't say "one is negligent and the other isn't." That's just restating the matter. What constitutes negligence and how do you prove it concerning pregnancy? Where do you draw the line on specific facts? Think about what you're actually saying. For all you know the mother fell or tripped, it happens, especially on ice or snow and especially as pregnant women continue being in the workplace during pregnancy. This shit happens.
Moreover, you're dealing with prosecutorial discretion when you really can't tell if it was a miscarriage or an act of negligence. So you have completely selective enforcement when who knows.... You rarely see negligent infanticide cases prenatally for exactly this reason. Now, that's completely different from say an illegally performed abortion or a homicide after birth (a la shaken baby syndrome).
Frankly, I am saying negligent (prenatal) infanticide is illegal due to ignorance on women's health issues, the mistaken belief that she is usually responsible for the death of the unborn child, and the practicality or specifically the lack thereof, of prosecuting the "crime." The "negligence" is often just a miscarriage. Now again, if you've got intent to perform an illegal abortion, which is fine to prosecute, or a shaken baby case, also fine to prosecute. However, most of the negligent (prenatal) infanticides I've seen are just blaming mom for a miscarriage.
We want to think we are in control of things. We aren't. We want to blame someone for everything.