RE: Pregnant Alabama Woman who was shot charged with Manslaughter of her unborn baby
July 1, 2019 at 12:19 pm
(July 1, 2019 at 10:51 am)tackattack Wrote:(June 26, 2019 at 9:20 pm)Cecelia Wrote: Please do enlighten me under the circumstances in which this woman should be charged with manslaughter. Because I cannot imagine one.
(June 27, 2019 at 10:24 am)Aegon Wrote: Why wouldn't the person who shot her point blank in the stomach be held responsible for the unborn baby's death?
Because, in majority of states, and most circumstances there is a felony murder law where
Quote:The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer. The felony murder rule applies only to those crimes that are considered “inherently dangerous,” as the rationale underlying the felony murder rule is that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death.While there may be qualms as to the definition of "inherently dangerous" and whether the resultant death was merged with the original cause, basically the rule should be "don't start no shit, won't be no shit". It's called the unintentional death is a felony and doesn't require intent or malice when not in the first degree.
Is that the law being used to justify these charges? What dangerous felony was occurring at the time? (Assuming she was unarmed) I don't think starting a fight is a felony? This seems more like something that would apply if you were committing burglary and the person you were burglarizing died without an intent on your part to murder them.
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