Reply #69: Careful with words here [View All]

[Maria Celeste]

Murder has a clear definition, namely:
-That a human being died
-That they died unlawfully
-That there was malice aforethought
If you can murder a fetus, it means its a human being. Not sure we want to go there.

The problem with fetal murder for only wanted babies is that it takes the intent issue away from the perp and makes it whether it is murder or assault based on the intent of the woman. While a reasonable approach on the surface, it would be impossible to come up with clear legal language that could later be translated jury instructions. I tend to agree with some of the others here that sort of "Assault on a pregnant woman that results in miscarriage" and would add a bar on any inquiry as to whether or not the baby was wanted or not (pregnancy shield law?). Viability is a really slippery slope, esp with some of the new medical technology out there.

To me there is a clear need to get some sort of criminal enhancement for beating a pregnant woman to the point of miscarriage without starting down the fetus = human being path.

My 2 cents on the Peterson trial was that while I did not see enough evidence to justify a conviction, I did not follow the trial either, so have no justifiable opinion on it one way or the other. He sure is a piece of work regardless.

Finally, long time lurker here on DU, but this issue is near and dear due to a family issue, so I joined to post.