My favorite paragraph, and one that I doubt the bastards considered.
Perhaps the most persuasive argument put forward in the amicus briefs is that if such prosecutions were designed to protect the unborn child, then they would be utterly counter-productive: "Prosecuting women and girls for continuing [a pregnancy] to term despite a drug addiction encourages them to terminate wanted pregnancies to avoid criminal penalties. The state could not have intended this result when it adopted the homicide statute."
please notice, there is no questioning of the drug use, only saying there is no evidence that the drug abuse caused the baby's death . Basically they seem to be saying that there was indeed proof of drug use. So the question becomes, is a death that is either caused directly or indirectly for the commission of a crime, something someone can be charged with? (having and using cocaine is still a crime in the US) I can give two examples, someone robs a store and the clerk in that store dies during the robbery of a heart attack, no intent has to be proven, that person will be charged with his death. A person leaves a bar ( legally drunk) and has an accident that kills another, again no intent has to be proven he will be charged in their death. To my thinking the only question in this case is when is a baby considered to be alive. That is above my pay grade so I'll leave that to the rest of youGibbs became pregnant aged 15, but lost the baby in December 2006 in a stillbirth when she was 36 weeks into the pregnancy. When prosecutors discovered that she had a cocaine habit – though there iso evidence that drug abuse had anything to do with the baby's death – they charged her with the "depraved-heart murder" of her child,
In this case .. the baby “lived” for four days … so I don't see how the claim can be made for accidental abortion. Is a person mentally disturbed for attempting to take her own life? That I don't think anyone can say with any degree of certainty. But again the article leaves out to much, how did she make it to the hospital to be saved ? Did she take enough to kill herself? Who found her and why was she found? Did she chicken out at the last moment and try an save herself? Did she take a dosage that wouldn't have killed her ? I think all those questions need to be answeredBei Bei Shuai, 34, has spent the past three months in a prison cell in Indianapolis charged with murdering her baby. On 23 December she tried to commit suicide by taking rat poison after her boyfriend abandoned her.
Shuai was rushed to hospital and survived, but she was 33 weeks pregnant and her baby, to whom she gave birth a week after the suicide attempt and whom she called Angel, died after four days. In March Shuai was charged with murder and attempted foeticide
This one the article is leaving something out .. and I wonder why .. it says she is awaiting an appeal … before beginning her 10 year sentence … wouldn't that tell someone she has already been to trail and found guilty ? We don't know all the facts in this case either, but it appears there is much more to this then we are learning from the article.Amanda Kimbrough is one of the women who have been ensnared as a result of the law being applied in a wholly different way. During her pregnancy her foetus was diagnosed with possible Down's syndrome and doctors suggested she consider a termination, which Kimbrough declined as she is not in favour of abortion.
The baby was delivered by caesarean section prematurely in April 2008 and died 19 minutes after birth.
Six months later Kimbrough was arrested at home and charged with "chemical endangerment" of her unborn child on the grounds that she had taken drugs during the pregnancy – a claim she has denied.
She now awaits an appeal ruling from the higher courts in Alabama, which if she loses will see her begin a 10-year sentence behind bars.
I personally feel the reason for the article was to create the outrage with people that it has created right here in this thread ... without showing anything close to that facts of the cases ... We have seen this done before, only to have the articles to be proven to be non factual in everything they are saying, there are just to many question that are left unanswered in this one.
Last edited by The Barbarian; 07-03-11 at 11:58 AM.
I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.