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In 38 states it would probably be considered a double murder to kill a fetus except by legal abortion. So a person that killed the mother, can and will be charged with a double homoside. Each of those states have a fetal homoside law.
I saw a true crime show last night where a husband killed his pregnant wife. He was tried and convicted of killing one person. His sentence was 2nd degree murder for some reason and he got life in prison. But it seems he should have been convicted of killing two people since the child that she was carrying was a person. Right? Although an unborn person. It only seems right. However that seems to crash in the face of the supreme court decision on abortion which states that a fetus isn't a person until it is born(I think). It wasn't even considered in court whether or not it was two people that were murdered.
If a fetus can survive outside the womb without medical support, then that fetus could be considered as a viable human and the murder of the mother would constitute a second murder. I'm not convinced that a 24 week fetus can survive outside the womb without medical support. Furthermore, even with medical support for a 24 week fetus, extreme premature birth people typically experience a number of health issues.
In 38 states it would probably be considered a double murder to kill a fetus except by legal abortion. So a person that killed the mother, can and will be charged with a double homoside. Each of those states have a fetal homoside law.
Correct, these states Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wisconsin
call it fetal homicide.
I defy you to point out any woman who is two days pregnant. Some - SOME - women know the minute they're pregnant. The great majority sometimes don't know they're pregnant until the 2nd or 3rd month. So if they don't know, how is anyone else supposed .
If someone deliberately is trying to kill both the woman and her fetus and succeeds, then yes, he or she should be charged twice, at least if the fetus is old enough to start looking like a human.
If someone kills a woman without knowing she's pregnant, no, he or she almost certainly should not be charged with two murders.
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