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You are comparing apples to oranges. My example has nothing to do with tripping over a cat, or falling off a ladder,
I specifically asked
if the husband punched the wife on the stomach because she just won't shut up (meaning, she cannot stop arguing with him even though she is pregnant) , should the woman be responsible for losing her fetus simply because she escalated the argument.
In op's case, said woman's ONLY wrongdoing ( I should use the word choice in this case ) is that she escalated the argument, some would argue that she 'caused' the other woman to shoot her in the stomach, as a result, that argument "caused" her to lose the baby.
Too bad you cannot see or refuse to see the similarity between my example and this case.
someone else said that's how prosecutors are judged. why would a backwards racist prosecutor not take every chance he had to imprison a gun-wielding murder-attempting black woman?
can you please spend some time finding out about her calling the cops, and sitting in a car when she was shot?
Maybe because the police officer in charge was making public statements at the time about blaming the pregnant woman, that she wasn't a victim, that she was culpable, that the "only victim" was the dead fetus. Maybe that police officer testified to the grand jury his opinion and persuaded them that the shooter wasn't to blame, but instead the pregnant woman who instigated a fight was to blame.
In op's case, said woman's ONLY wrongdoing is that she escalated the argument, some would argue that she 'caused' the other woman to shoot her in the stomach, as a result, that argument "caused" her to lose the baby.
Quote:
The investigation showed, he said, that it was Jones who initiated and pressed the fight, which ultimately caused Jemison to defend herself and unfortunately caused the death of the baby.
Sounds like it was more than an "argument" unless you have other sources that clarify this point.
*the "he" in "he said" refers to Pleasant Grove police Lt. Danny Reid
In this case the defendant didn't merely engage in stupid reckless conduct, she engaged in stupid CRIMINAL conduct in which great bodily harm of another person was THE ACTUAL INTENT of her criminal conduct.
I haven't seen a report that an intent of "great bodily harm" was asserted.
well, that is actually a good point. It could be more than just an argument.
STILL like I said earlier
criminal acts of third persons (the person who shot her in the stomach) should certainly be deemed unforeseeable.
would be interesting to see how this case could play out.
I doubt this woman would be convicted.
The shooters actions were not criminal though.
I also think the fact that she was shot is a red herring (legally) because while there may be a reasonable claim that being shot was not foreseeable, but that by engaging and continuing the altercation, that the act of defense by the other woman would be foreseeable and that an act of defense could reasonably be expected to harm the fetus. E.g. if the other woman had kicked her and that caused a miscarriage.
Indeed an unfortunate but legally compelling case.
I haven't seen a report that an intent of "great bodily harm" was asserted.
What kind of harm do you think comes from whaling on someone to the extent they were declared justified in using lethal force to repel your attack? A noogie?
Sounds right to me. She started the fight, and she knew she was pregnant.
And I’m not even a “pro-lifer” btw.
So she required the other mother to shoot her in the stomach and kill the baby because 2nd amendment. How unsurprising.
She'll probably get the death penalty too. I would be horrified but the truth is Alabama elected these fools.
Quote:
Originally Posted by HeyJude514
Meanwhile, the person who actually does the shooting walks free while the victim is charged with her own shooting. This is a classic guns-trump-human-life argument we hear from the gun lovers again and again in this country. The shooter is innocent. The victim is to blame.
Only in America.
The fight was apparently over the father of the child. The guy was probably sleeping with both of them.
Quote:
Originally Posted by NeutralParty
Only in deep-red Alabama could something so unbelievable be happening. Madness.
I would imagine even most of the conservatives around here would agree this is absolutely insane.
Actually this is what conservatives have wanted all along. Ironically, if someone doesn't lock up their gun and say their child shoots someone, would conservatives say the gun owner should be penalized? Seriously doubt it. Their logic is in ALL circumstances, the gun owner wins. A pregnant woman is nothing more than an emotionless incubator for nine months. The father, another woman, anyone else can do anything to her, she just has to take it or she could go to prison or get the death penalty.
Quote:
Originally Posted by Enigma777
Unbelievable. Prosecuting someone for getting shot has got to be the most idiotic waste of money and time. But if Alabama is such a wealthy state that they can afford frivolous prosecutions--let them look ridiculous.
Last week some SC 2 year-old took a gun out of granny's purse and shot himself and died. Shouldn't Granny be prosecuted? Definitely her fault.
What kind of harm do you think comes from whaling on someone to the extent they were declared justified in using lethal force to repel your attack? A noogie?
I haven't seen any information about any "whaling" being done, and you didn't provide it.
Just because one person decided to shoot, that doesn't mean it was justified. Folks get sentenced to prison every day for unjustified shooting.
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