Killing a Pregnant Woman - Single or Double Homicide?

[Tree of Life]

A pregnant woman walks into an abortion clinic where she has an appointment for the doctor to terminate her pregnancy. She checks in and is taken into a small room to wait to see the doctor. When he arrives he strangles the woman in a fit of mad rage for reasons unrelated to abortion. He kills the pregnant woman.

Would this doctor be charged with single or double homicide? Either way is the charge appropriate? Please explain your answer.

 

[dogs4thewin]

It depends on the state. Personally, I believe it should be based on how far along a woman happens to be.

 

[Tree of Life]

It depends on the state.

Do you have any sources to show how the charge would be different in different states?

Personally, I believe it should be based on how far along a woman happens to be.

When does it become double homicide?

 

[dogs4thewin]

Do you have any sources to show how the charge would be different in different states?



When does it become double homicide?

No, but laws are that way it is based (usually on the state. Unless there are certain facts that makes it federal. As for when either when it is clear that that the woman is preganent OR when there would be a chance that that the baby would live.

 

[KnowtheSilence]

Do you have any sources to show how the charge would be different in different states?



When does it become double homicide?

http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx

 

[Tree of Life]

No, but laws are that way it is based (usually on the state. Unless there are certain facts that makes it federal. As for when either when it is clear that that the woman is preganent OR when there would be a chance that that the baby would live.

Pending a source I'll have to take this as mere assertion.

 

[dogs4thewin]

Pending a source I'll have to take this as mere assertion.

It is not a federal crime, so it would be a state issue.

 

[Tree of Life]

http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx

This is a helpful source. Thanks. So here's an example drawn from the above: In the state of Alabama the doctor would be charged with double homicide even if the fetus was 10 weeks old.

 

[dogs4thewin]

This is a helpful source. Thanks. So here's an example drawn from the above: In the state of Alabama the doctor would be charged with double homicide even if the fetus was 10 weeks old.

IF abortion were illegal.

 

[ReesePiece23]

Either way, the answer will still be the same.

And that's twenty five years.


By the way OP, are you planning on bumping off the spouse or something?

 

[dogs4thewin]

Either way, the answer will still be the same.

And that's twenty five years.

Actually, the actual law depends on the state.

 

[Tree of Life]

IF abortion were illegal.

No. The doctor would be charged with double homicide because he killed a pregnant woman. The legality of abortion does not apply here.

 

[dogs4thewin]

No. The doctor would be charged with double homicide because he killed a pregnant woman. The legality of abortion does not apply here.

It is a federal law that a state must allow abortion up to a certain point ( which is up to the state/ )

 

[ReesePiece23]

Actually, the actual law depends on the state.

Oh, we don't quibble in the UK. It's all six of one and half a dozen of the other with us.

 

[KnowtheSilence]

This is a helpful source. Thanks. So here's an example drawn from the above: In the state of Alabama the doctor would be charged with double homicide even if the fetus was 10 weeks old.

No. The qualification there is "for the purpose of criminal homicide or assault." A legal abortion would not fall into either of those categories, legally speaking.

 

[dogs4thewin]

Oh, we don't quibble in the UK. It's all six of one and half a dozen of the other with us.

Each state here makes their own laws ( for the most part).

 

[ReesePiece23]

Each state here makes their own laws ( for the most part).

That sounds horribly complicated.

 

[dogs4thewin]

That sounds horribly complicated.

The federal government does have some laws ( particularly if criminal activity crosses state lines. Mostly, however, laws are a state issue.

 

[Tree of Life]

No. The qualification there is "for the purpose of criminal homicide or assault." A legal abortion would not fall into either of those categories, legally speaking.

I'm not sure I've made the situation clear. A legal abortion did not take place. The pregnant woman was murdered before the procedure.

 

[KnowtheSilence]

I'm not sure I've made the situation clear. A legal abortion did not take place. The pregnant woman was murdered before the procedure.

Oh, sorry. Yes, in your scenario the doctor would probably be charged with two deaths.