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For those who feel a "fetus" isn't a baby until it is born... EDIT

Posted by on Mar. 4, 2012 at 10:03 PM
  • 36 Replies

How do you feel about the double murder law of a pregnant woman? I'm not sure the exact name of the law. If a woman is killed , and she is pregnant, the murderer is charged with 2 counts of murder. Do you think this is fair considering you don't think of the "fetus"  as a baby yet?  


I was watching the show "Snapped" earlier, and the woman was charged with 2 counts of capital murder of another woman who was pregnant. It made me think.. So how do you feel about that law? Should it be only 1 count of murder since the woman was the one actually living and breathing?




ETA: the law is called    Fetal Homicide Law  or there is also something called Laci and Connor's law 


** Guess I should have put a dislaimer in this... I'm not asking for a pro choice vs pro life debate**  For those of you asking about certain age of gestation... this is what I found 




Currently, at least 38 states have fetal homicide laws.  The states include: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, WashingtonWest Virginia and Wisconsin. At least 20 states have fetal homicide laws that apply to the earliest stages of pregnancy ("any state of gestation," "conception," "fertilization" or "post-fertilization"); these are indicated below with an asterisk 

Here is the link if you want to read the law by state and see the asterisk notes 

http://www.ncsl.org/issues-research/health/fetal-homicide-state-laws.aspx

by on Mar. 4, 2012 at 10:03 PM
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Replies (1-10):
sissyboogs
by Ruby Member on Mar. 4, 2012 at 10:05 PM
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I believe that a baby is a baby from conception. I think the double murder law (I don't know the name either, lol) should only apply if a woman is past the age of viability in her pregnancy. 

BambiF
by on Mar. 4, 2012 at 10:06 PM

 interesting

tth328
by on Mar. 4, 2012 at 10:06 PM
1 mom liked this
I don't think a baby as just a fetus. So I feel it is just that the law count it was murdering two person and not just one because the baby cannot help the situation and it was completely innocent no matter what the mother did.
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HistoryNutty
by Ruby Member on Mar. 4, 2012 at 10:06 PM
Ok, fetus is an actual medical term. The pregnant lady didn't choose to be killed. I think the law is fine, with the way you described it. I don't know it verbatim though. Is it double murder if the pregnant lady is more than a certain amount of weeks along?
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angelbaby1977
by on Mar. 4, 2012 at 10:06 PM
1 mom liked this
I know what you are saying. I have wondered about that law myself. I believe a baby is a baby from conception and that it is murder to kill said baby, however I realize the law does not see it that way. What I dont understand is that law where if the mom wanted the baby then Suddenly it is now a baby and not just a fetus? That's never made sense to me.
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xXxLillithxXx
by Gold Member on Mar. 4, 2012 at 10:07 PM

Thats a good question. Lol. I'm not one of those people who think that a fetus isn't a baby...but I've seen other pro-choicers say it.

Elyce225
by Emerald Member on Mar. 4, 2012 at 10:07 PM
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I believe a person should NOT be charged with two counts of murder.

I also think if the woman tries to kill herself she should NOT be charged with murder at any gestation.

Edit:  If a woman tried to kill herself and fails but the fetus dies.

ashellbell
by Platinum Member on Mar. 4, 2012 at 10:08 PM
I think viability should play a role when charging someone with murder.
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mstevens10
by on Mar. 4, 2012 at 10:08 PM

Not that I'm aware of, I don't know the exact law either but of my understanding it is any pregnancy. 

Quoting HistoryNutty:

Ok, fetus is an actual medical term. The pregnant lady didn't choose to be killed. I think the law is fine, with the way you described it. I don't know it verbatim though. Is it double murder if the pregnant lady is more than a certain amount of weeks along?


HistoryNutty
by Ruby Member on Mar. 4, 2012 at 10:08 PM
Also, if the baby can be viable out of the womb and the mother is killed, the baby still has a chance of survival.
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