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Suppose a man and his pregnant wife are relaxing at a public park. The woman begins labour without even knowing it, (such as actualy happens to some women). Realizing she must birth the baby there and then, her husband takes position to deliver the baby. It is revealed the baby is tangled in his ambilical coord, and is exiting feet first. Of course, the circumstances make for a harsher labour than any woman would hope for. Fortunately, the ambulance apear shortly after.

After hours of labour, all the baby from his feet to his neck, (just below the chin) have exited the woman. To ensure the child is still alive, the doctor checks his heart, which shows to still be beating. The child has not seen day nor breathed, as of yet. With no notice, a crazed man, (angry and under the influence of drugs) runs by and shoots the child in his chest so that it dies.

Should this man be charged with murder and spend life in prison, or be charged with assault and spend months, (or less) in prison?

2006-06-12 14:06:48 · 23 answers · asked by man_id_unknown 4 in Social Science Gender Studies

When I say "crazed" I meant incredibly angry.

2006-06-12 14:13:38 · update #1

23 answers

I think he can be charged with murder, at least in California. Look at Scott Peterson, guilty of 2 counts of murder when he killed his pregnant wife.

2006-06-12 14:10:52 · answer #1 · answered by Anonymous · 3 3

It's murder, plain and simple, because the child was viable at the time of its death.

He'll probably just go to the Crazy People Storage Facility because he was on drugs and "therefore not responsible for his actions". It's unfortunate, but likely that is what would happen.

No, he shouldn't be charged with murder. He should be hung from a tree by his testicles until dead.

2006-06-13 11:26:01 · answer #2 · answered by zartsmom 5 · 0 0

The man should be charged with 1st degree MURDER. He had no right to kill a living baby. This child could have survived and helped the earth. He could have cured AIDS, created world peace, many things.That man should get the death penalty.

2006-06-12 21:11:02 · answer #3 · answered by person 2 · 0 0

Murder.

2006-06-12 21:07:44 · answer #4 · answered by nighthawk_842003 6 · 0 0

Depends on the state law, people have been charged and convicted of murder for killing a child BEFORE delivery, so I would assume in these states it would be murder.

2006-06-12 21:10:07 · answer #5 · answered by RCF1977 4 · 0 0

In cases of assult on unborn persons, the man CAN be charged with murder. He can also be charged with murder if the woman is pregnany and man assaults her so the fetus dies and he doesn't even know she was pregnant.

2006-06-12 22:40:52 · answer #6 · answered by nursesr4evr 7 · 0 0

It's defiantly murder. If it was premeditated he will mostly get murder one. If it was something crazy like he thought the baby was suffering.Wanted to end it,cause that's what he was taught growing up on a farm. Then he will probably get man slaughter. It really depends on the circumstances.

2006-06-12 21:24:47 · answer #7 · answered by wiseone 2 · 0 0

In most states, it would be murder past the second trimester....this guy shoud get the needle for depraved indifference resulting in death.....which under the law is WORSE than a murder conviction

2006-06-13 05:07:27 · answer #8 · answered by drex5ge 1 · 0 0

by law the child was alive, if u kill a child that is unborn and has been in the uterus for um... i think it's 3 or 4 months then the person is charged with murder so it was murder by the law. wat sort of horible person would do this even if they were angry and influence on drugs

2006-06-12 21:12:17 · answer #9 · answered by wolfsrain9109 2 · 0 0

If he's crazy he won't get either, he'll be committed. I think he should be charged with murder but most states laws would only charge him with assault.

2006-06-12 21:09:28 · answer #10 · answered by dleeldy 3 · 0 0

He shot a human, yes he should be charged with murder.

2006-06-12 21:12:45 · answer #11 · answered by Anonymous · 0 0

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