2007-09-02 14:40:54 · 11 answers · asked by Riley 3 in Politics & Government ➔ Law & Ethics
Yes.
2007-09-02 14:47:32 · answer #1 · answered by DAR 7 · 2⤊ 0⤋
YES! It can be counted as 2 counts of murder, 2 counts of homicide. Nevertheless, the penality doubles for killing a pregnant female. I know in Ohio, it automatically calls for the death penality, but it's up the the courts on the final ruling.
2007-09-02 21:50:48 · answer #2 · answered by lilbreeze2000 3 · 1⤊ 0⤋
If the woman and the baby die? Yes double homicide. Are you planning something? Don't do it. Just walk away.
2007-09-02 22:43:12 · answer #3 · answered by Luch d 3 · 0⤊ 0⤋
This depends on the state you are in and how that state defines a "Life In Being". In Arkansas, you have not committed a double homicide.
2007-09-02 22:54:18 · answer #4 · answered by cyanne2ak 7 · 0⤊ 0⤋
I don't know why the icebrg got thumbs down. This would be a double homicide in my state by our Supreme Court's ruling if the fetus was viable. We haven't had the case arise yet with a non-viable fetus.
2007-09-02 22:54:59 · answer #5 · answered by David M 7 · 0⤊ 0⤋
It shouldn't, since the blastocyst isn't capable of surviving on it's own outside of the mother yet - so scientifically, it's still a parasitic organism and not a self-sustaining organism.
But in a lot of states, it does automatically become a double homicide.
This is evident in the Lacy Peterson murder case. The prosecution had no evidence to show Scott killed her (any evidence at all - no murder weapon, no DNA, nothing), the prosecution had no eye witnesses who couold say he killed her and identify him, and the prosecution had no solid motive. Basically, the prosecution had absolutely no case against Scott Peterson - but because she was pregnant, that was all the case they needed for a guilty verdict against him for double homicide.
2007-09-02 21:56:20 · answer #6 · answered by theREALtruth.com 6 · 0⤊ 2⤋
Depends on the state and how far along she is. California has this law. So do other states. The idea is you kill a pregnant woman with a viable baby, that is double.
2007-09-02 21:50:10 · answer #7 · answered by Chainsaw 6 · 2⤊ 0⤋
Criminal laws are usually state laws. That means it depends on the jurisdiction. Then in that jurisdiction it will depend on the statutes, how the court's have interpreted them, and what the common law is in that jurisdiction regarding the killing of a fetus. In many jurisdictions though, it is possible that varying degrees of increased punishment can result from unlawfully killing a fetus. Double homicide is unlikely though.
2007-09-02 21:49:03 · answer #8 · answered by theicebrg 3 · 1⤊ 2⤋
In Scott Peterson's case it did.
2007-09-02 22:33:52 · answer #9 · answered by OC 7 · 0⤊ 0⤋
Maybe, but if she's on her way to an abortion clinic, then only the baby's death should count as a crime.
2007-09-02 22:07:44 · answer #10 · answered by Anonymous · 2⤊ 1⤋