Woman in alabama, arrested

  • Thread starter Thread starter Labaddy
  • Start date Start date
Status
Not open for further replies.
She should have known that she could get injured in a way that would lead to her baby’s death.

It was the woman she was assaulting that had the gun.
 
Really? How could she know she would be shot and the baby dying?
 
But she wasn’t the cause of death though. She didn’t intend for herself to get hurt even.

She should be charged with assault or whatever she did to the other person, but not because her baby was killed by someone else.
 
She picked a fight. When you pick a fight, you risk being severely injured and, if you’re pregnant, struck in a way that kills your baby.

Really, if you assaulted someone, would you really be surprised if you got shot or stabbed?
 
Anybody with half a brain knows they are getting into a dangerous situation when they are assaulting someone capable of fighting back. At minimum, she should be charged with child endangerment, max involuntary man slaughter along with an assault charge.
 
If I got shot or stabbed would I face criminal prosecution for attempted suicide if I had no intention of committing suicide?

Intent matters in a criminal case.

My cousin had a car crash on an icy road and lost her baby. Should she have anticipated crashing and then stayed home? Could she have been culpable.

This woman was wrong to start a fight. But to say she should have known she could lose the baby because she’d be shot is a stretch.
 
Since the child died then “manslaughter” is the correct charge and I don’t think “involuntary manslaughter” works if the mother knew she was pregnant.
 
redbetta said:
Why should the shooter be charged for acting in self-defense?
Click to expand...
There are many countries where this would (justly) be the case, since it is an inordinate response.

But since the USA has an addict problem with guns, it’s hard to rule on the issue.
 
Involuntary manslaughter would be the unintentional killing of a person. She didn’t even kill the baby, she just put herself and the baby in a risky situation. And the other person killed her child, unintentionally.

Child endangerment would make more sense because she started the fight (I don’t know exactly what she did though). Although I feel such charges for pregnant women would be ridiculous given the amount of unnecessary scrutiny towards women with miscarriages. I imagine it would be a different case if a woman started jumping at someone else with her child standing right beside her.

I’m sure this woman is feeling the loss of her own child.
 
Last edited:
Listen, if you get into a fight and got stabbed, you’ve got your punishment. If you bring a kid into a fight and they got stabbed, they are an innocent victim and you are responsible.
 
The shooter should be jailed. The woman shot should be released.
 
I won’t let her off the hook because of something that might happen to other women.

We need to stop treating unborn children like they aren’t real children, there it’s nothing if someone kills them or is negligent to the point that they get killed.
 
Lea101 said:
She didn’t even kill the baby, she just put herself and the baby in a risky situation. And the other person killed her child, unintentionally
Click to expand...
The mother acted foolishly.

But prosecutors are going to need to prove beyond a reasonable doubt she acted in a way she suspected her baby would die.
 
As I’ve already said earlier, and as it clearly says in the article, the shooter was charged, but the prosecution presented their evidence to a grand jury, and the grand jury of her peers voted that the prosecution did not have enough evidence to bring to trial.
 
Last edited:
F_Marturana said:
But prosecutors are going to need to prove beyond a reasonable doubt she acted in a way she suspected her baby would die.
Click to expand...
That doesn’t seem true, according to Alabama’s law.

It would probably help everyone if we looked at Alabama’s manslaughter law:
(a) A person commits the crime of manslaughter if:

(1) He recklessly causes the death of another person
Click to expand...

So it seems the prosecution needs to show that (1) her actions were reckless, and (2) her actions caused the death of her child.

PS I’m not a lawyer, just a Googler.
 
Last edited:
Should she be charged if she knew the other woman was pregnant? It seems that fits the criteria for involuntary manslaughter a lot better.

Cases of past involuntary manslaughter indicate that the person needs to commit the action that led the death. And the act would be something that directly harms the victim. E.g. Throwing something heavy that killed someone, holding a gun thinking that it had blanks, etc

What she did was stupid, but I just can’t see the justification for the charge. It’s like saying she should have been charged with attempted suicide because she knew that starting a fight would have harmed her/killed her.
 
Asinner said:
As I’ve already said earlier, and as it clearly says in the article, the shooter was charged, but the prosecution presented their evidence to a grand jury, and the grand jury of her peers voted that the prosecution did not have enough evidence to bring to trial.
Click to expand...
Apologies. I meant I didn’t understand why she wasn’t indicted. It doesn’t say in the OP’s article it was due to a lack of evidence.
 
Status
Not open for further replies.
Back
Top