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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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Edited by Diplomat: 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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How many months pregnant is she? There was this one woman who got in a car accident at 9 months pregnant, the impact killed her but the baby was saved, they had to cut her open to get it.
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She intended to kill the baby. Just because it would be suicide as well, doesn't mean it's not illegal.
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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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I don't care what you call it, but it's sick and should be punishable.
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murder.
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1 ReplyBecause suicide is not illegal, it should not be manslaughter. It should, however, be some form of gross negligence.
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11 RepliesA fetus is still a human being, so yes it is murder.
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1 ReplySuicide 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 RepliesSeems 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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Edited by A dumd figit: 3/3/2013 10:01:47 PMNo, wait yes
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Im going to hell for laughing at the word "feticide"
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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.
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If the baby is [i]that[/i] far along, then yes.
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It should be voluntary manslaughter. There are actual laws the acquit women who are or who were recent pregnant who kill their child. It has to do with hormones that affect mental cognition and rationality.
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Yes, they should be charged.
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Umm... Yeah, killing your baby is never a good thing.
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More like abortion.
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Why do people kill themselves in these ways what are likely to fail? Just jump off a high building and be done with it
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Edited by HM Rob: 3/3/2013 9:32:50 PMThat's basically just abortion under retarded circumstances...
