If a drunk driver kills a woman on her way to a clinic for an abortion, should the driver be charged for killi

Question

If so, why wouldn’t the woman be charged for killing her baby?
If someone thinks that they can justify, how about if someone fires a gun and hits the woman, killing the baby, but not her. Is that murder?

Answer 1

He is charged with murder in both those cases and this is one of the great inconsistencies in abortion law.

Also: If you write a will and leave the money to your children and your wife is expecting the baby counts as an heir.

Or the fact that a Father cannot stop a woman from aborting his baby, but if he does not want the child he cannot force her to have an abortion and he has to pay child support on a child he did not want.

Roe v Wade is bad law. I do not understand why those opposed to it keep trying to fight it as a moral argument when it would be so much easier to defeat it as bad law. Find some poor sucker charged with killing a woman and the baby (ie/ Scott Peterson or some one like that) and then challenge the conviction on the grounds that since the child was not born it was not alive.

If the right to life movement keeps trying to fight this on moral grounds they run into the wall of church and state (and they should) but fighting it on legal grounds makes a lot more sense

Answer 2

Actually the driver/shooter would only be convicted for wrongful abortion in most cases. In New York City, a man beat up his girlfriend who was only 8 weeks pregnant. Since the fetus was not clinically living it wasn't considered as murder since by the State/Science people are considered alive only by viable brain waves...which most fetuses don't have until 25 weeks.
Legally, when the fetus is killed and the motive behind it would be the deciding factor whether it is considered murder or not.

Answer 3

If a woman gets raped, and he or she is a ethical guy or woman, she would be able to experience grimy, her precise of privateness has been invaded, greater desirable than that she would be able to experience that if pregnant, whether toddler, that youngster could be tainted with a similar spirit of the rapist, so she might too desire to be excluded from the fathers generational background, for she did no longer condone what handed off. some say it is homicide. For the above motives i could condone an abortion. even regardless of the undeniable fact that, if a woman is on the promiscuous area and has been asked to take precautions, then having approximately 3 abortions a twelve months, that's homicide in my eyes. i understand this handed off to a particular guy or woman. i understand i'm being judgemental, Out of a demonstration of my innovations. there are various innovations on those themes, and it extremely is a warm potato, we are as an entire an emotional lot and function contry and opposite critiques. on meditated photograph people are a volatile, pretty imperfect and volatile self proclaimed Gods, to be or to no longer be.!!!. Pee - Wee.

Answer 4

most states don't have any laws for killing a fetus unless it is viable outside the womb therefore it is considered a baby.
her pregnancy could be brought up at trial just so the jury knows that a fetus was present and if it influences their descsion than so be it.

I do wonder if state have a law for when someone intentionally attacks someone because they are pregnant. I think they should be charged with an Illegal Abortion, which is a felony.

Answer 5

you can not have your cake and eat it too .
Right up till the moment the abortion occurs you have the freedom to change your mind . If doing so means a large sum of cash from an insurance settlement then every single woman who's un-aborted child is terminated while sitting in the abortion chair would opt to say that someone is responsible for her childs death even up to the moment of the actual procedure . .
SO if the motor from a jet liner crashes through the roof while she is in the stirrups and the child is killed someone is going to pay .

Answer 6

First of all, it's an embryo or a fetus, not a baby. Emotional rhetoric does not belong in a mature discussion.

Second of all, yes, the driver should be charged for killing the fetus inside of her, since he was attempting to take control of the contents of her body by killing it. (This is unlike abortion, since that involves a woman controlling her own body and the contents therein.)

Answer 7

A very good hypothetical situation.

Well, I would think in the first case, the driver would be guilty of two counts of negligent homicide. He didn't intend to kill anyone surely, but by being negligent in being drunk, he is guilty as such.

In the second case, yes, it's murder. For the same reason abortion for convenience is murder.

Answer 8

If a tree falls in the woods and there's no one there to hear it, is a Republican sitting at the picnic table?

What is the sound of one hand clapping during a Republican debate?

How many lightbulbs does it take to light up the Republican convention?

When a Republican has an abortion - and they *DO* have them, you know, do they tip the doctor?

Answer 9

I've never really bought into the overly emotional argument that killing a pregnant woman should be treated as two homicides.

Anything that cannot exist outside the body of another creature is not alive.

The answer to all of your questions is "no."

Answer 10

You bring up a good point. What if a drunk driver killed just the baby and not the mother. I'm very certain that her would be brought up on manslaughter charges. So I do not understand the rationale behind saying that abortion is ok. It's not. It's plain and simple...murder.