If a pregnant woman was in a car accident and in result her fetus was killed. Should manslaughter be charged?

Question

Of course, if the accident was not her fault. Would it matter if she was on her way to the emergency room to have her baby?

Answer 1

Well, only if they start charging pregnant women who smoke with child abuse.

Answer 2

This is a variation of the question "When does a fetus
become a baby?" and is essentially the abortion question
that is tearing the United States (and elsewhere) apart.

Currently, the law has a "bright line" at conception.
After birth, its a human being with all the rights and
privileges etc. and its death takes on ramifications of
homicide or manslaughter.

Before hand, it is something else. The closer you are
to birth, or even viability, the more people think that
such an event is criminal in that you are killing another
human being. Many states would charge you with
something that had penalties similar to, but generally
less than menslaughter.

Pro-lifers would like to move the bright line back to
conception. That is, such an event, whether it happened
1 day after conception or when the person was a octogenarian,
the perpetrator would be equally accountable.

It is a highly charged issue - if a woman smokes while pregnant
and the baby has problems as a result of this, should the mother
be held legally responsible? What if the smoking causes
infant death? How about drinking?

Personally, I cannot imagine that line being at conception since
embyos die silently (without anyone's knowledge) all the time.
They may die due to vitamin deficiencies, they might die due to
genetic problems, they might die due to cosmic rays - the point is,
society does not have the ability to either monitor or regulate at
this level.

You could make a good argument that when a fetus becomes
"viable", that is, it could survive outside the mother, that it should
start having rights above and beyond just being another part of
the mother. That might be a defendable bright line.

You might even be able to push it earlier than that, by talking about
having upper level brain function. However, throughout most of
gestation, there are too many unmonitorable, unregulatable factors
for the law to have a good bright line.

Remember, the fetus is not without any protection whatsoever.
If somebody else does something that causes the fetus to abort,
they are inherently assaulting the mother. The only one who can
act with impunity is the mother.

Answer 3

There are not enough facts to make a good call here. I think the question once again becomes when should a baby be considered a life. Fetus is good word for those who support abortion. It is much easier to rid ones self of a fetus rather than a baby. However, in a car accident I can't remember many supporters of abortion standing up and saying hey that ain't no baby. In fact I believe many of the same groups that are pro abortion would be there to support the women during a trail if a person is charged for causing a miscarriage.

Sorry I have digressed. Circumstances would dictated the decision. Was the person drinking, driving under suspended license...I am not sure. This one is to tough for me and all my wisdom. guess only God can extract justice for those who can not for them self.

Answer 4

The other person could very well be charged since a life was killed as the result of the wireck.

Answer 5

It depends on several factors. If it was just an accident with no alcohol or drugs or reckless driving involved then no, but if any of those were involved, then someone could really not be charged with anything.

Answer 6

That varies state to state, also the circumstances of the accident. Sometimes an accident is just that. No drugs, Alcohol or other mitigating factors.

Answer 7

It could be grounds for vehicular manslaughter for sure! Get a lawyer!

Answer 8

Scott Peterson was convicted of killing his unborn son, Conner. You should look into that. There is precedence.

Answer 9

It matters now, based on Lacis law....Lacy Peterson, married to that creepy scott...