http://www.cnn.com/2004/LAW/02/23/unbor ... index.html
Congress is taking up a new law allowing murder charges to be brought against a person who kills an unborn child. While it explictily exempts legal abortions, I find this to still be a troubling law, even though I do somewhat agree with it.
The problem as I see it is that this law can be applied beyond just violent crimes against the mother in which results in both her and the babies death or just the babies death, but also other situations.
It could apply to voluntary or involuntary vehicular homicide, which you can be charged with invol. vehicular homicide in some states because you were speeding, where a pregnant woman loses her baby due to the accident. it could also be applied in cases where doctor's mess up and misdiagnos or do something else wrong that causes the baby to not survive.
What does that mean. If a doctor has the risk of not only malpractice hanging over their heads, but also some zealous prosecutor read to make a stand against doctors screwing up they could be charged with murder for missing a PE diagnosis, messing up a due date and inducing too early etc.. While this may seem like an unlikely scenario, it would still be possible. In the long run, it would come down to the wording of the proposed bill.
If they limit it to just an attack, you leave the door open to what actually consitute an attack and many crimes in which we may want this law to apply would not be covered (exp: posioning is not what you think of when you think of an attack, you think of something physical). If they use too broad of language they risk including things that probably shouldn't be covered under the criminal code (or maybe they really should)
Just thinking out loud =)
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