If a fetus has no rights and is not concidered a person untill they take there first breath how is it that if u kill a woman that is preg. and they both die u get a double homicide? I feel that if u can feel the baby move and they have a heartbeat they should be conciderd a person...thoughts or opions please
2006-06-26 18:29:48 · 4 answers · asked by beaiipurple 3 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
A fetus is not considered a person under the law in normal terms for the sake of the courts.
For example, a pregnant woman miscarries. If the fetus is considered a person in utero under the law, this poor woman has to endure a trial. Was it something she did that killed the fetus? If so, should she be made to pay a fine, put in jail? A miscarriage can be very traumatic for a woman, and there is no reason to make it any more traumatic (or stuff the courts) by adding a trial for accidental manslaughter to the mix.
However, in the case of murder, the killing of a pregnant woman is counted as a double homicide in order to discourage potential murderers from not only taking a life, but a potential life as well. The killing of a woman is traumatic enough for family and friends, but the loss of a future child makes it even worse for the surviving family members.
So yes, it is contradictory, but it is contradictory so as to make things easier and better for the government and its people.
2006-06-26 18:36:27 · answer #1 · answered by Envirogal612 2 · 1⤊ 0⤋
One reason this is brought into the courts is because the #1 killer of pregnant women is homicide. In my state they're trying to make the murder of a pregnant woman 2 charges instead of just one, as the pregnant woman is assumed to have wanted to complete her pregnancy, hence a child would result. Instead, as she is murdered, she doesn't get the opportunity to complete her pregnancy, and the fetus doesn't get the opportunity to be a child. This is separate from the abortion laws in that the murdered pregnant woman was experiencing a WANTED pregnancy. Abortion is the termination of an UNWANTED pregnancy, whether due to medical reasons or personal choice. In trying a killer for 2 murders when a pregnant woman is involved, this may discourage abusive boyfriends or husbands from deciding to end their pregnant girlfriends/wives' lives due to their pregnancies.
2006-06-28 23:46:53 · answer #2 · answered by chamely_3 4 · 0⤊ 0⤋
Envirogal612 gave a great answer! I couldn't have done it better. Bravo!
2006-06-27 02:24:01 · answer #3 · answered by Babel Bella 4 · 0⤊ 0⤋
I agree, the laws do contradict each other.
2006-07-04 05:22:51 · answer #4 · answered by funigyrl 4 · 0⤊ 0⤋