Is this attempted murder?

[KB5252]

Quick question for you. When a doctor determines someones death they do so, more often than not, by determining weather the heart has stopped beating. If that is the case wouldn't a fetus be considered a person when they register a heartbeat?

 

[cotton]

My impression was that the thread starter was asking our personal opinion as to if it was murder.

Although it is bantied about in general conversation, murder is a legal term of art, so I read the OP's question as whether that situation fulfilled the legal requirements. The question as to whether what the guy did is wrong is moral and philosophical; the question as to whether it is murder is legal.

I'm sorry if that was not the OP's intent; sometimes those years of law school tend to make one hyper-technical. But the fact is that legislatures in 35 states have addressed the issue of whether the killing of a fetus can qualify as homicide, and meeting the definitions in those statutes (and the court's interpretations of them) is what makes this an attempt to murder or not.

 

[allvol123]

Although it is bantied about in general conversation, murder is a legal term of art, so I read the OP's question as whether that situation fulfilled the legal requirements. The question as to whether what the guy did is wrong is moral and philosophical; the question as to whether it is murder is legal.
.

I would certainly say there is a philisophical element to the question "is it murder". But I see what you are saying.

 

[Volnissniss]

Everyone is assuming the girl had nothing to do with it.

PJ, to be honest, that thought never even occurred to me. That irritates me.

 

[utvolpj]

PJ, to be honest, that thought never even occurred to me. That irritates me.

you just never know anymore

 

[Volnissniss]

you just never know anymore

I know! And I would have thrown those poor Hispanic students under the bus too! I need to get my knee jerk reactions in check eace2:

 

[Volnissniss]

To the Guillotine! And spare No One!!!

 

[ksushalovesthevols]

Depends on how the state's penal code defines "person."

 

[ksushalovesthevols]

It is most definitely an interesting case. If the pregnant girl had nothing to do with the spiking of her drink, then I would have to say that, in my opinion, the perp should be charged with attempted murder.

I want to say there are degrees of attempted murder just as their are degrees of murder While, PJ, you could be correct in that the intent was not to kill the unborn child, I still think one would have to argue for second degree or at least attempted manslaughter (does that exist?)
However, someone already said it: that option will most likely not be pursued. It will be easier for a prosecutor to get a conviction of assault/aggravated assault, then to swing a jury in what would turn in to a highly politicized circus trial...

Degrees of murder, and even the basic definitions of murder, vary widely by state, so whether you coudl charge murder 2 depends on the state where the defendant is being charged.

 

[tim]

voted no. Beause there is not enough information. viable fetus argument. Technically speaking of course. My heart says yes it is. But, in legal terms I don't know.

 

[I40VOL]

i have to say yes it was attempted murder