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| No murder charge for cutting baby from woman's stomach (1276506) | |
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| (1276506) | |
No murder charge for cutting baby from woman's stomach |
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Posted by LuchAAA on Sat Mar 28 05:24:07 2015 If a man did this to a woman, he'd be facing murder charges. THIW |
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Re: No murder charge for cutting baby from woman's stomach |
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Posted by ChicagoMotorman on Sat Mar 28 09:52:22 2015, in response to No murder charge for cutting baby from woman's stomach, posted by LuchAAA on Sat Mar 28 05:24:07 2015. I thought you were pro-abortion? |
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| (1276523) | |
We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach |
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Posted by AlM on Sat Mar 28 10:21:23 2015, in response to No murder charge for cutting baby from woman's stomach, posted by LuchAAA on Sat Mar 28 05:24:07 2015. Thank you counsellor. You have researched Colorado law and found the statute that makes it the crime of murder to deliberately kill a fetus that meets certain criteria.Would you care to identify the applicable statute to the other lawyers on OTChat? |
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| (1276524) | |
Re: We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach |
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Posted by SLRT on Sat Mar 28 10:34:16 2015, in response to We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach, posted by AlM on Sat Mar 28 10:21:23 2015. Putting on my Internet Lawyer hat (I passed out at the Bar many times), the case is angering because it seems to defy common sense. Without getting in the way of the political, not medical, argument over the status of a fetus, I would argue that when the perp removed a living fetus from a woman that it was born, therefore a person, and thus this was manslaughter. |
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| (1276525) | |
Re: We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach |
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Posted by JayZeeBMT on Sat Mar 28 10:56:29 2015, in response to Re: We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach, posted by SLRT on Sat Mar 28 10:34:16 2015. I would imagine that the medical/legal issue in controversy here, is whether the fetus was developed sufficiently that it would have survived outside the mother, but for the sudden, violent extraction by the perp. I'm wondering if that would be the determinant factor in murder vs. assault or manslaughter charges. |
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| (1276526) | |
Re: We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach |
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Posted by SLRT on Sat Mar 28 11:44:48 2015, in response to Re: We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach, posted by JayZeeBMT on Sat Mar 28 10:56:29 2015. I don't know all the details but murder vs. Manslaughter seems to be a state of mind. If the perp wanted the baby for herself (sick as is, this has happened) it would be manslaughter, but if the intent was to kill the baby/fetus it could well be murder. Then there's depraved indifference... |
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| (1276540) | |
Re: No murder charge for cutting baby from woman's stomach |
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Posted by Elkeeper on Sat Mar 28 13:37:53 2015, in response to No murder charge for cutting baby from woman's stomach, posted by LuchAAA on Sat Mar 28 05:24:07 2015. In most states, if the fetus that was removed was born alive,apart from the mother, that would constitute murder. |
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| (1276551) | |
Re: We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach |
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Posted by LuchAAA on Sat Mar 28 14:09:05 2015, in response to We should celebrate Luch's law credentialsRe: No murder charge for cutting baby from woman's stomach, posted by AlM on Sat Mar 28 10:21:23 2015. in addition, if a man did this to a woman and wasn't charged with murder, it would receive 100x the publicity and all the woman's groups would be out in full-force.But because it was female-on-female it goes unnoticed. So think about that when you're at 5p mass tonight. |
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| (1276600) | |
Re: No murder charge for cutting baby from woman's stomach |
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Posted by Nilet on Sun Mar 29 03:42:21 2015, in response to No murder charge for cutting baby from woman's stomach, posted by LuchAAA on Sat Mar 28 05:24:07 2015. Did the woman die? |
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| (1276625) | |
Re: No murder charge for cutting baby from woman's stomach |
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Posted by SLRT on Sun Mar 29 09:38:08 2015, in response to Re: No murder charge for cutting baby from woman's stomach, posted by Nilet on Sun Mar 29 03:42:21 2015. No. |
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| (1276634) | |
Re: No murder charge for cutting baby from woman's stomach |
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Posted by Nilet on Sun Mar 29 11:39:27 2015, in response to Re: No murder charge for cutting baby from woman's stomach, posted by SLRT on Sun Mar 29 09:38:08 2015. Then how would there be a murder? In my country, a murder requires a death— I'm pretty sure that's the case everywhere. |
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| (1276640) | |
Re: No murder charge for cutting baby from woman's stomach |
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Posted by SLRT on Sun Mar 29 12:09:58 2015, in response to Re: No murder charge for cutting baby from woman's stomach, posted by Nilet on Sun Mar 29 11:39:27 2015. The fetus/baby was apparently alive when the monster cut it out of the womb. So it was born. That's why it can be considered a homicide.what is your country? It's a fair question since you say "in my country." |
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| (1276657) | |
Re: No murder charge for cutting baby from woman's stomach |
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Posted by Nilet on Sun Mar 29 13:34:48 2015, in response to Re: No murder charge for cutting baby from woman's stomach, posted by SLRT on Sun Mar 29 12:09:58 2015. The fetus/baby was apparently alive...Well, in my country killing babies isn't a crime as long as it's done with the approval of an overmark with lawful custody. Since a parent is the closest human equivalent to an overmark, it seems the same principle should apply (although my country imposes a cutoff at 12 days after birth and both parents' consent is required). what is your country? It's a fair question since you say "in my country." I was founded (and I am currently headquartered) in the nation of Dethareakas (or whatever, transliteration is fiddly) and I do not currently have business operations in any other country. *breaks character* It's a part of a story I (partially) wrote many years ago (and never finished) called Hunt for Haralakof. Detaracas (or whatever, I don't seem to have ever spelled it the same way twice) is a nation carved out of the Earth's upper mantle and inhabited by the descendants of the crew of an alien scoutship that crash-landed off the Azores around the year 15,000 BCE. The Nilet Railroad Company is mentioned as one of the largest companies in Deht'are'ak'as; a ruthless monopoly that openly bribes legislators and suppresses teleportation so their trains aren't rendered obsolete. When I needed to come up with a handle for Harry Beck's board in 2004, I was still writing Hunt for Haralakof and "Nilet" was the first thing that came to mind for a rail forum. I kept the name on SubChat so people would recognise me. And since everyone here seems to have a schtick (often more than one), I ended up writing posts from the perspective of the Nilet Railroad Corporation as a pseudo-person. LuchAAA seems to get a kick out of it sometimes, and I originally responded to him. (Sorry to get you involved.) |
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