Should murder charges be allowed when a fetus dies in the commission of a crime?

I think it depends on both the gestational age and the type of crime committed. I wouldn't say that someone should be charged with murder if the zygote/fetus had barely developed, and I wouldn't say someone should be charged with murder if the 'killing' could only be tangently be related to the miscarriage. For example, shooting a pregnant woman in the stomach should be charged, but scaring her to cause her to go into premature labor because you're holding up a bank she's in... not so much, especially if the baby survives delivery.

~C
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I think it depends on the situation.
if it was an accident, like say, a car accident. i think not, esp if it was something that could not be helped. saythe pregger hit the other car or something,
people have been jailed for that when it was no fault of theirs..
like the guy who lost control of his truck and hit a 3 month pregnet woman on her was to the abortion clinic, she was going to abort the baby anyways and yet still pressed charges.

The past is the past, you can not change it. So don't dwell in your mistakes, Pick up the pieces, and instead learn from your downfall.

I don't know, I put other. What if the woman was planning on having an abortion?

“I hope the departure is joyful and I hope never to return.” - Frida Kahlo

I'm gonna betch slap the dumb outta you

I THINK IT DEPENDS ON THE CIRCUMSTANCES. I AGREE WITH THE POINT OF WHAT IF THE WOMAN WAS GOING TO GET AN ABORTION. ID DEF SAY NO. BUT IF IT WAS AN INTENTIONAL KILLING OR VIOLENCE I SAY YES. AN WHOS TO SAY WHAT AGE? IS IT WHEN THERE IS BRAIN FUNCTION OR A HEARTBEAT. IS IT A MONTH BEFORE ITS DUE OR WHAT?
EITHER WAY KILLING A BABY IS JUST WRONG

In my view, it doesn't matter the 'stage' of development. However, I wouldn't want double manslaughter charges on someone who accidently killed someone who was pregnant.

If there is someone who knowingly kills a Pregnant woman, then yes. Double Murder.

I wanted to say yes, after a certain gestational period, but I'm unsure. That is the requirements I see for abortion, that it is not murder until a certain point, but this is different. I am pro-choice, not because I approve of discarding fetus', but because I think that the mother has the right to end the pregnancy, up to a certain point, because it is going on in her body. In this situation, that choice is being taken out of her hands and that is wrong. I really don't know what the answer is. I know the answer is yes, but under what conditions, I am unsure.

"Don't blame me. I voted for Kodos."
Homer Simpson

The problem with "at any gestational age" is, what if her pregnancy isn't evident? Or what if she didn't even know she was pregnant? I think it makes a different if the person committing the crime had no way of knowing the woman was pregnant.

Common sense is as rare as genius. ~Emerson
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I love how the most popular vote was the second one. A lot of people on this site say that the fetus is not a human until a certain stage, but now people are agreeing (in a way) that the baby is a human.
I chose the second one, because it wasn't that person's choice other than the mother's if she wanted to keep the baby.

I guess that having a fetus die in the commission of a crime isn't really a part of the crime itself. It's more of an involuntary abortion. I think that the criminal in question should be charged with assault if s/he attacks an individual, pregnant or not. If you start claiming that a fetus who dies in a car accident was a victim of manslaughter, then we've got a problem. That would probably lead to abortion being outlawed in this country because then the death of any fetus would be called a crime.

~Violinstef

Abortion is legal and not considered a crime yet, abortion is terminating the life of a child, but if a pregnant woman's child is killed in another act, it's murder. It doesn't make sense...
~Em