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TopicAlabama woman who was shot while pregnant is now being charged in fetus's death.
streamofthesky
06/28/19 1:48:45 AM
#27:


Honestly, treating the fetus as a person and charging her for its death is no less fucking stupid than charging someone who kills a pregnant woman w/ two counts of homicide, which many/most states seem to do. Either the fetus is a person or it isn't, you can't have it both ways. At least Alabama is being consistent, unlike most states....even if I completely disagree with them on it.

And overall the case is no different than any "felony murder" case where a victims kills one of the criminals in self defense (or accidentally kills a bystander while trying to do that) and the other criminal(s) are charged for "killing" that person because them committing the crime lead to it.
I find such cases stupid and repugnant, but MANY states use such laws, and if she instigated the fight, then ultimately this is no different than any of those other cases. Beyond that, the only other unique consideration is whether legally the fetus is a person or not, covered above.

https://www.themarshallproject.org/2015/09/24/a-person-can-be-charged-with-murder-even-if-they-haven-t-killed-anyone

In 2012, four teenagers and their 21-year-old friend decided to burgle a house in their hometown of Elkhart County, Ind. No one in the group had any weapons, and they picked a house they thought was unoccupied. The homeowner was actually asleep upstairs and armed. When the five kicked down the back door, Rodney Scott came downstairs and fired his gun, killing 21-year-old Danzele Johnson and hitting another in the leg.

The surviving members of the group, who came to be known as the Elkhart Four, were soon facing up to 55 years in prison for a murder they didnt plan, intend, or commit. The sentences were the result of a complicated and controversial statute called felony murder. Most states have some version of a felony murder law in their criminal code. Such statutes allow for defendants to be convicted of murder and in some cases face execution if a death occurs because of a felony they commit, even if they were not the direct killer.


Holy fuck I just defended Alabama...
... Copied to Clipboard!
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