Originally posted by -Kev-
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Woman strangles pregnancy woman and cuts out baby!
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Originally posted by kushking View PostI'm just stating the fact that in the past when this has occurred the unborn baby didn't cause additional charges against the perp. And all implications seemed to be because of not wanting to get roe vs wade overturned,it was in a ultra lib state & the prosecutor was the trans man type like kim foxx who let off Jussie Smullet as a favor to micheal obama.
If they start charging the murder of unborn children as crimes then it creates precedent that life begins before birth. I challenge you to find me a single instance where the perp was charged for double homicide instead of single murder when they killed both mother & child. I don't think its ever happened since roe vs wade.
https://www.usatoday.com/story/sport...rs/1725206002/
Federal law is on point. The unborn victims of violence act controls the issue.
https://en.wikipedia.org/wiki/Unborn...f_Violence_Act
I know there are cases out there that have charged double murder
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Here is a case on point about being charged with blinks murder for killing a fetus
https://www.nytimes.com/1994/05/20/u...is-murder.html
But in the ruling in the San Diego case, Chief Justice Malcolm Lucas said the killing of a fetus, in the course of an attack on the mother, can be murder "as long as the state can show that the fetus has progressed beyond the embryonic state of seven to eight weeks."
I didn’t want to politicize this thread but with respect to double murder vs abortion that issue turns on intent. The doctor is doing a legal act at h request of they mother. In ththe chase of an abortion. In a murder case the suspect is trying to kill the mother and that intent transfers to the fetus. Transferee intent is a real legal concept.
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Originally posted by Don Pichardo View PostHere is a case on point about being charged with blinks murder for killing a fetus
https://www.nytimes.com/1994/05/20/u...is-murder.html
But in the ruling in the San Diego case, Chief Justice Malcolm Lucas said the killing of a fetus, in the course of an attack on the mother, can be murder "as long as the state can show that the fetus has progressed beyond the embryonic state of seven to eight weeks."
I didn’t want to politicize this thread but with respect to double murder vs abortion that issue turns on intent. The doctor is doing a legal act at h request of they mother. In ththe chase of an abortion. In a murder case the suspect is trying to kill the mother and that intent transfers to the fetus. Transferee intent is a real legal concept.
The article literally states several of my points,that only in this 1 instance during the 90s it was considered a chargeable offense because of a very specific law that had been passed & even then the charge was brought by a law that was in place before roe v wade. In the case of the ex nfl player he wasn't charged with the act of murder but rather the act of" using an instrument with intent to destroy an unborn child"(a very important distinction, that would be the same thing someone would be charged with with using a coathanger to abort the fetus rather than an approved method)
The article won't let me copy text but I took a screenshot:
Bottom line is as the article basically proves,only in the narrowest of circumstances is the fetus murder prosecuted. & The article literally proves my point many times over why in the majority of instances lib states do everything in their power for a fetus to not be considered a person & as it plainly states in this ultra lib papers news article,that this has direct implications with roe v wade & that even if the murderer is charged he may still win on appeal from the SCOTUS.Last edited by kushking; 05-17-2019, 09:44 AM.
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Originally posted by FinitoxDinamita View PostMan stfu with your bullsht political talk. Dumbass nerd
I bet you take seven inch shlongs up your shtbox lil queer.
Anyway, there’s a big mental health issue in this country, it’s like if you live here, you have a really high chance of becoming mentally ill. I think I read some where once that the US has the highest rate of mental illness. You got all these kids coming from privileged families shooting their school or theaters already, we don’t need more issues on our hands than the current mentally ill batch of kids we have.
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Originally posted by kushking View PostIf you read the article you posted carefully it says that in the majority of cases it was ruled that a fetus "didn't have personhood" & in the very few it needed to be proven that "it was viable"(in other words after 26 weeks & about to be born)
The article literally states several of my points,that only in this 1 instance during the 90s it was considered a chargeable offense because of a very specific law that had been passed & even then the charge was brought by a law that was in place before roe v wade. In the case of the ex nfl player he wasn't charged with the act of murder but rather the act of" using an instrument with intent to destroy an unborn child"(a very important distinction, that would be the same thing someone would be charged with with using a coathanger to abort the fetus rather than an approved method)
The article won't let me copy text but I took a screenshot:
Bottom line is as the article basically proves,only in the narrowest of circumstances is the fetus murder prosecuted. & The article literally proves my point many times over why in the majority of instances lib states do everything in their power for a fetus to not be considered a person & as it plainly states in this ultra lib papers news article,that this has direct implications with roe v wade & that even if the murderer is charged he may still win on appeal from the SCOTUS.
In California a fetus is included by statute in a murder charge while specifically excluding abortions.
https://leginfo.legislature.ca.gov/f...sectionNum=187.
187.
(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician’s and surgeon’s certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
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Update
These people are insane. To the gallows with them.
https://apnews.com/839f8dfe579d4613bf0c9fda5f69df1c
ssistant State’s Attorney James Murphy told Cook County Judge Susana Ortiz that 19-year-old Marlen Ochoa-Lopez managed to get her fingers under the cord around her neck and that the woman strangling her, Clarisa Figueroa, then yelled at her daughter, “You’re not doing your f---ing job!”
The daughter, 24-year-old Desiree Figueroa, then pried Ochoa-Lopez’s fingers from the cord “one by one” while her mother continued to strangle the teen for another five minutes, Murphy said. With Ochoa-Lopez showing no signs of life, Clarisa Figueroa, 46, cut her open with a butcher’s knife and removed the placenta and baby, which she put in a bucket.
The two then put the teen’s body in a garbage can and Clarisa Figueroa called 911, claiming that her newborn baby was not breathing, authorities said. When first responders arrived, the child was blue. They tried to resuscitate the infant and transported Clarisa Figueroa and the boy to a nearby hospital, where police said he remained in grave condition and was not expected to survive. Figueroa, meanwhile, had blood on her upper body but no physical sign that she’d given birth, according to investigators.
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