I was reading on CNN.com that the woman's former boyfriend will be charged with TWO counts of murder. One, the pregnant woman, and two the unborn fetus.
Now my question is, when does the law dictate that a fetus is a "person" and can be murdered? Is it during the 2nd or 3rd trimester? Or not until the fetus has been born is it a baby and person?
And I dont want pro-lifers posting "it's from the moment of conception". I want to know that the LAW says.
2007-06-25 02:53:24 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If the unborn child at the age of gestation at the time of the murder of the mother is to a point where the fetus *could* viably live outside the mother's womb, then a second murder charge is often included. I'm not sure exactly how many weeks of gestation is required and may vary from state to state, but the woman in this case was due July 3rd (my birthday!) and was thus about 38 weeks of gestation. A baby can be born at 37 weeks and that is considered on time. This baby was obviously ready to survive apart from his mother and that's why the second murder count is in place.
2007-06-25 03:02:05 · answer #1 · answered by Turtle is LEGAL 2 · 2⤊ 0⤋
I was not aware that a gun was used in the killing of Jesse Davis in Ohio. There is no evidence of that at all. It is reported that her boyfriend (who is the father of her two year old and the baby she was carrying) has confessed to this murder and led police to her where the body was hidden. However his confession mentioned nothing about a shooting. I too, like you, am against abortion. I believe life begins at conception and I do believe abortion is wrong. However I cannot compare a woman deciding to have an abortion (which unfortunately is legal) and being killed by someone you are in love with and have chosen to have children with.
2016-05-19 22:46:11 · answer #2 · answered by ? 3 · 0⤊ 0⤋
It's generally left up to the individual states. Roe defines "life" (in the legal sense) as somewhere around seven months - when a baby can reasonably be expected to live outside the uterus without medical intervention.
2007-06-25 02:57:37 · answer #3 · answered by CHARITY G 7 · 4⤊ 0⤋
Law enforcement often overcharges as a bargaining position when trying to get a plea deal. This gives them leverage when they say "Admit to everything, tell us all the details and we will drop one of the charges and give you life instead of the death penalty. "
2007-06-25 03:03:23 · answer #4 · answered by eric l 6 · 1⤊ 0⤋
on law and order they said it was if the fetus took its first breath, then it is considered murder. if not it was considered an illegal abortion.
i dont know how closely they follow the law on that show, but thats where i get my laws from - lol
2007-06-25 02:57:01 · answer #5 · answered by Anonymous · 1⤊ 1⤋
i think 2nd trimester
anyway, for a guy or anybod to kill a person who they know is pregnant is just a sick person
murder is murder o matter what the form
2007-06-25 02:56:36 · answer #6 · answered by francis_wife4life 3 · 2⤊ 0⤋
Come on guys this isn't news. Black guys have been killing pregnant white women for years.
2007-06-25 15:48:13 · answer #7 · answered by RBM11 3 · 1⤊ 1⤋
http://www.nrlc.org/Unborn_Victims/Statehomicidelaws092302.html I think this should hep
2007-06-25 02:57:04 · answer #8 · answered by Anonymous · 1⤊ 0⤋
WHATEVER HES DONE HE SHOULD B IN JAIL TILL DEATH FOR THAT CRIME
2007-06-25 02:56:41 · answer #9 · answered by ROCKMUM LOVES BOWIE 7 · 2⤊ 0⤋
I'm not sure but he should burn in hell!
2007-06-25 03:02:38 · answer #10 · answered by kitkat 7 · 2⤊ 1⤋