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Pregnant woman dies in stabbing - one murder or two?

A fetus being a person is up for debate. It's a living human in it's early stages of development.

In this case, she was allegedly killed by her husband who knew she was pregnant (although that shouldn't matter, IMO).
 
a foetus is not a person. persons unlike foetuses survive be reason and foetuses don't have rights. rights can be only granted to persons who survive think rationally and use reason also a person is not attached to the mother and is phsically independent
 
whatever way you want to categorize it, this is an exceptionally brutal crime. Perhaps there needs to be a higher degree of punishment for someone who murders a pregnant woman... just as there is a higher punishment for murdering a police officer. In any case, punishments are always after the fact and in no way can restore what was taken away in a few moments of rage.

I used to be quite sympathetic towards people who commit violent acts when I was younger. As I grow older, I have almost no tolerance for it and find myself often wishing that such people were simply placed in a meat grinder... Any act where you forcefully infringe on other people's freedoms, harm them or take their lives shows an utter disregard for life, therefore you should forfeit your own.

(but really, I'm quite progressive!)
 
Sephardic-Male said:
a foetus is not a person. persons unlike foetuses survive be reason and foetuses don't have rights. rights can be only granted to persons who survive think rationally and use reason also a person is not attached to the mother and is phsically independent
Click to expand...

So I guess a newborn isn't a person either.
 
The accused in this case had a history of mental illness. Somewhere the mental health system failed this family.


___

On the main point:

If we are to maintain our present laws, a fetus is not a person until it comes out of the womb.
 
One.

An individual is the biological body plus experiences - which a fetus can't claim to possess. Beyond that, if a fetus can be considered a legal person, what if the pregnant woman bumped herself into a corner leading to a miscarriage. Is she by default then guilty of manslaughter?

AoD
 
AlvinofDiaspar said:
One.

An individual is the biological body plus experiences - which a fetus can't claim to possess.
Click to expand...

A newborn doesn't really have any experience either though.

AlvinofDiaspar said:
Beyond that, if a fetus can be considered a legal person, what if the pregnant woman bumped herself into a corner leading to a miscarriage. Is she by default then guilty of manslaughter?

AoD
Click to expand...

That's where things get tricky. I don't think you could arrest a woman for a miscarriage. Bumping into a corner usually doesn't result in a miscarriage - there is likely something else wrong.
 
surprised so many of you are getting caught up in debating the legal definitions instead of making a statement about the nature of the crime committed... one of the great failings of our society really... too many technocrats, not enough humans.
 
Sephardic-Male said:
a foetus is not a person. persons unlike foetuses survive be reason and foetuses don't have rights. rights can be only granted to persons who survive think rationally and use reason also a person is not attached to the mother and is phsically independent
Click to expand...


has anyone looked at the dictionary definitions i have posted?


murder is the UNLAWFUL killing of a homo sapien. a fetus is a homo sapien and jabbing a knife into the abdomen of a woman who is pregnant is not legal - therefore if the baby dies, that's murder. abortion is legal, man with knife trying to kill wife and baby (he knew there was a baby in there) is not legal.

this is not an accident or a womans right to choose.

by definition, anybody who terminates human life and has no legal authority to do so is guilty of murder. applying the slippery slope factor and comparing accident, abortion & miscarriage is an error. people kill other people all the time by accident and it isn't murder.


what are the legal actions taken against someone who unlawfully kills (not by accident) someones else's fetus?
 
None. There are only offences for assaulting the woman carrying the feotus. A feotus, by definition, is not a person, and there are no crimes against non-persons.

By the way, Webster's isn't even comprehensive and authoritative as a dictionary, let alone as a source of law.
 
AndreaPalladio said:
None. There are only offences for assaulting the woman carrying the feotus. A feotus, by definition, is not a person, and there are no crimes against non-persons.

By the way, Webster's isn't even comprehensive and authoritative as a dictionary, let alone as a source of law.
Click to expand...

so what dictionary are you using? if that's the way they taught you how to spell fetus, i wouldn't trust them. ;)


so the definition of murder is different from that of the dictionary? so did we really legalize gay marriage or just happy marriage?
 
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