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3/3/2013 9:30:15 PM
21
If a pregnant woman attempts suicide and the fetus dies...
[url=http://www.huffingtonpost.com/2013/03/03/bei-bei-shuai-trial-baby-photos-banned-courtroom_n_2800868.html?utm_hp_ref=crime]...should she be charged with murder?[/url]
[quote]Bei Bei Shuai was hospitalized after she attempted suicide by eating rat poison on Dec. 23, 2010, when she was eight months pregnant. Doctors delivered her daughter, Angel Shuai, on Dec. 31 and the infant died three days later.
Prosecutors arrested Bei Bei Shuai on charges of murder and feticide in March 2011, saying a note she left to her former boyfriend proved that Shuai intended to kill her baby when she ate the rat poison.
But Judge Sheila Carlisle ruled in January that the doctor who determined the poison caused the baby's death hadn't considered other possible causes, including a drug administered to Shuai while she was in the hospital. That effectively deprived prosecutors of the cause of death on which their case rested.
Prosecutors said earlier this week they wouldn't appeal Carlisle's ruling, and their next step was unclear.[/quote]
So if a pregnant woman attempts suicide and fails, but her baby dies, should she be charged with murder?
I, for one, don't think so. There's no law against suicide in Indiana (contrary to popular belief, suicide generally isn't against the law in the U.S.). In general, if I kill someone while doing something legal, I can't be charged with murder. I don't see why it's different in this case.
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由Diplomat编辑： 3/4/2013 1:13:37 AMOh yes, OP, doing something legal that results in the death of the person doesn't necessarily result in escape from a prison sentence. If you do something legal, with the knowledge the action would kill someone, then you are technically guilty of murder or manslaughter. For example, there is no law preventing me from setting myself on fire. However, if I do it in such a manner that results in the deaths of others (and I knew that it would), I am still guilty of murder. Of course, I'd be dead, so it wouldn't matter. But it's applicable nonetheless.
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I find that woman disgusting, personally, and I think that what she did was morally reprehensible. However, it depends on the the state's laws. If abortion is legal past the third trimester, then no, she should not be charged with murder. Now, if it's ILLEGAL, then she should be prosecuted to the fullest extent of Indiana's legal system. Personally, I hope it's the latter, not the former.
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1 回复Because suicide is not illegal, it should not be manslaughter. It should, however, be some form of gross negligence.
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11 回复
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1 回复Suicide IS illegal, it is the homocide of oneself. While there may not be a law against suicide with suicide written in the law, but commiting homocide is illegal, even if it in on yourself. Attemped homocide can also apply. But the fetus is a different story, a lawyer might say it is like an unplanned abortion.
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3 回复Seems reasonable to me. If I try to kill myself by poisoning Thanksgiving dinner, I'd certainly be charged with murder if I survived and my guests didn't. Don't see how this is any different.
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Couple of things. If the mother is in her 3rd trimester, the baby is considered alive. So, if she does a "cry for help" attempt, then I believe she should be charged, at a minimum with reckless endangerment and manslaughter, maybe up to Neglegent Homocide. Now, if she really tried to do it, and failed, then I don't know. Like if she tried to jump from a building and miraculously survived. In that circumstances, I am not so sure.
