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attempted murder or murder

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optilang  #530288  Fri, 20 Jun 08 07:43 PM
Legal proceedings never seem to based on 

a simple dictionary definition

I know, I've been involved in enough. 

  
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Grammar Geek  #530290  Fri, 20 Jun 08 07:44 PM

I would certanly expect a charge of attempted murder against the mother.

In the US, due the sensitivities about keeping abortoin legal, it would be very surprising if any fetus were considered a "person" before almost the full 9 months.

  
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Clive  #530302  Fri, 20 Jun 08 08:15 PM
Hi Optilang,

Yes, that's true, but I just wanted to point out the underlying issue. (:)) Smile

Clive 

  
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Goodman  #530312  Fri, 20 Jun 08 08:51 PM
New2grammar
If an attacker caused a pregnant woman to lose her baby, is it an attempted murder or murder?

Thanks in advance.

New2grammar,
From reading your posts, if the pragnant mother was intentionally shot but survived, however, the 5 month old fetus died from the incident,  I would think he is likely charged with
both "attempted murder for shooting the moother and involuntary manslaughter for the death of the fetus".

Of course, I am  not a legal professional but I watch a lot of court dramas and have learned a few things, whether they hold any water in a real case situation is unknown.

 

If a mugger tried to rob an old lady and in the process caused her to die of a heart attack, he can be likely charged with involuntary manslaughter, along with robbery and other possible felony charges.

 

Murder is defined as premeditation and malice with the intent to kill regardless of causes.

 

If a man comes home early and finds his wife in bed with another man, raged by what he saw, he got into a fight with his wife’s lover, subsequently killing him with a knife during the struggle. This scenario is a case of voluntary manslaughter.

  
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New2grammar  #530402  Sat, 21 Jun 08 04:22 AM
Thanks, Goodman. I agree with you. I would like to borrow your last paragraph for a discussion. I'm interested in how the tense switching happens.

Thanks, everyone for trying to help. As most said, it's a legal question and only can be answered by a legal expert. Sorry for the poor question.
  
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Avangi  #530413  Sat, 21 Jun 08 05:15 AM
It's a great question, and is not likely to go away any time soon.  With the US Supremes tilting to the right the fetus may soon be given voting rights.  The liberal justices are very old and will soon be replaced.

In most cases, murder is defined by the states, especially where there's no applicable federal statute.  You can find a lot of variation across the US re the prosecution of murder, and where the fetus fits in.
  
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Anonymous  #533521  Fri, 27 Jun 08 09:37 PM
i think thats if you cause a pregnant womens baby to die its murder. theres no difference between a baby in the womb or a baby out of the womb its still a human being and its murder. i think anyone who does this deserves to be in prison the rest of their life. and never get out
  
Clive  #533563  Sat, 28 Jun 08 12:37 AM
Hi,
That's certainly the anti-abortion argument in a nutshell.
Clive
  
Goodman  #533655  Sat, 28 Jun 08 07:57 AM

<<>>That's certainly the anti-abortion argument in a nutshell.

 

We are about to enter the controversy territory of liberal justice. All I can say is, justice in America has been slowly tainted by the liberal judges and prosecutors. If you don’t believe it, look at the sex offenders. thier rights takes precedence over their victims in many cases. But what got me so angry is this killing which took place 2 days ago. At one point Kamala Harris, the chief  prosecutor of San Francisco had decided to release the suspect based on reasons that there wasn't sufficient evidence to charge him with the muders. However, he was seen involved in a the senseless road rage killing of the a father and his 2 young sons. Only with community outcries that she bowed to the pressure. Based on information available to me, this dangerous illegal alien criminal now has been detained in jail.  The suspect is known to be a member of a notoriously dangerous gang  and had prior felony records involving violent crimes. It will be interesting to see how this notoriously liberal prosecutor handles this case….!



SAN FRANCISCO (AP) - A 21-year-old man is being held on three counts of murder related to a road rage shooting that killed a father and two of his sons.

 

Suspected Gang Member Charged In SF Triple Slaying - News Story ...

Jun 27, 2008 ... However, District Attorney Kamala Harris has previously pledged not to seek the death ... San Francisco Police Search for Shooting Suspects ...
www.ktvu.com/news/16729835/detail.html?rss=fran&psp=news - 10 hours ago - Similar pages

 

  
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