If u were pregnant and your ex-boyfriend kicked u in the stomach because he was jealous that u have a new man and are pregnant with your new man's baby, and as a direct result, u lost your baby before it could be born, what should be the charge?
Now, lets say that the judges in your state are very liberal, and your ex-boyfriend brags to u that he has a very good attorney and an assault charge could easily be reduced to a small fine and maybe one night in jail at the most. He also tells u afterward that he will do it again to u if you get pregnant again.
Should he be charged with physical assault or murder?
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2007-03-25 16:48:31 · 10 answers · asked by Anonymous in Society & Culture ➔ Religion & Spirituality
Both! Assaulting you and killing your unborn child.
Oh, I'm not Pro-choice by the way.
2007-03-25 16:52:24 · answer #1 · answered by Anonymous · 3⤊ 3⤋
It depends on how far along the pregnancy is. If I were 6 weeks pregnant, then the charge should be physical assault. If I were 7 months pregnant, then I would probably pursue a charge of manslaughter or something (I'd have to get a lawyer and look hard at the laws to know what was legally appropriate). If he threatened to do it again, he'd have a restraining order placed against him.
_______________________
I miscarried at 6 weeks along and it was the hardest thing I have ever been through. However, I did not lose a baby; I lost the potential for a baby. I am politically pro-choice, but would not personally choose abortion..
2007-03-25 23:56:02 · answer #2 · answered by N 6 · 1⤊ 1⤋
As a pro-choice female law student, the judges which you claim would not exist. He has committed very clear aggravated assault and battery, and would never spend 'a small fine and one night in jail.' No offense, but please study criminal law before posing hypotheticals like that.
I personally feel he should be charged with assault and battery, and not murder or manslaughter (the practice of assuming fetuses are de facto people from a legal standpoint bothers me), but it would be a pretty hefty charge from what you say. We'd be talking months, if not years, of jail time.
2007-03-25 23:56:55 · answer #3 · answered by Kate S 3 · 2⤊ 0⤋
As being the one to chose to carry the fetus, the would be mother is the ultimate decision maker on carrying a fetus to term. The correct charge would be murder of a fetus or murder depending on statute if the woman had chosen to carry the child to term as the termination of the pregnancy was forced outside her will. Attempted murder would also be an appropriate charge here with the potential for loss of life of the mother. I know what you are attempting to drive at and your attempt in disingenuous at best.
2007-03-25 23:59:10 · answer #4 · answered by Rico E Suave 4 · 2⤊ 1⤋
Good question.
My understanding of the way such situations have been handled in courts of law is that the fetus is defined as a human being (fetus death = murder) IF the mother wants the child; and the fetus is defined as NOT a human being (fetus death not = murder) IF the mother does not want the child.
Cordially,
John
http://www.GodSci.org
2007-03-25 23:53:11 · answer #5 · answered by John 6 · 0⤊ 2⤋
Physical assault, and murder in the first degree if you are in the third trimester.
2007-03-25 23:54:17 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Kinda low aren't ya...with this underhanded attempt at "then why is abortion not murder" crap.
I don't think I could ever do such a thing...I am pro choice, but of course I still find it a sad issue... BUT my body is not any of your damn business, nor are my genes and who they would get passed to or not.
2007-03-26 00:01:48 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Well since it's not the woman's choice, assualt and manslaughter (depending on the stage in pregnancy).
2007-03-25 23:55:59 · answer #8 · answered by Anonymous · 3⤊ 0⤋
You're missing the CHOICE part of the pro-choice position. Did the woman CHOOSE to have her pregnancy terminated, or not?
To truly understand your opposition, you must understand why they believe what they believe.
You missed the point.
2007-03-25 23:52:37 · answer #9 · answered by Skippy 6 · 6⤊ 2⤋
I'd probably take you more seriously if you stopped using "u" as a word. As it is, you just seem too silly to bother answering.
2007-03-25 23:53:25 · answer #10 · answered by Anonymous · 5⤊ 1⤋