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View Full Version : Ft Hood Shooter charged with 13 or 14 murders?

Pressing-On
11-13-2009, 01:30 PM
Should Nidal Hasan be charged with the murder of the unborn child as well?

I'm trying to think of a case where they did include the unborn child. Can't put my finger on it, but I thought something was settled on that.
Ferd
11-13-2009, 01:32 PM
yes he should. however, I dont know if the military can do that.

I believe in Texas court, they will charge for the murder of the unborn in addition to the mother.

Not all states allow that. Dont know about the UCMJ.
Cindy
11-13-2009, 01:33 PM
Should Nidal Hasan be charged with the murder of the unborn child as well?

I'm trying to think of a case where they did include the unborn child. Can't put my finger on it, but I thought something was settled on that.

Maybe Scott Petersen.
Pressing-On
11-13-2009, 01:37 PM
Maybe Scott Petersen.

That was it, Cindy!! Thanks! :friend
Pressing-On
11-13-2009, 01:38 PM
yes he should. however, I dont know if the military can do that.

I believe in Texas court, they will charge for the murder of the unborn in addition to the mother.

Not all states allow that. Dont know about the UCMJ.

Thanks, Ferd. Texas is the most awesome place to live!!!!!!!!!!!!!!!! :thumbsup
Cindy
11-13-2009, 01:40 PM
I am pretty sure they have to prove that the fetus would be viable outside the womb.
Apocrypha
11-13-2009, 01:47 PM
heard he may be paralyzed from the waist down per CNN.
Pressing-On
11-13-2009, 01:48 PM
heard he may be paralyzed from the waist down per CNN.

I just read that!
Pressing-On
11-13-2009, 01:49 PM
I am pretty sure they have to prove that the fetus would be viable outside the womb.

At what point do they see that as "viable outside of the womb?"
pelathais
11-13-2009, 01:58 PM
Should Nidal Hasan be charged with the murder of the unborn child as well?

I'm trying to think of a case where they did include the unborn child. Can't put my finger on it, but I thought something was settled on that.
The Baron or Griff might be able to help more than I; but I seem to remember a case in the Mid-West where the killer was charged with murder of both mother and baby.

From a practical standpoint however, the way the prosecutors like to do these types of multiple homicide cases is with a couple of capital charges at a time. That way if they happen to get a jury that won't give the death penalty they can retry the defendant again on a couple more charges with a different jury. You may see this guy tried and sentenced for only a couple of muder charges long before the mother-with-baby issue is even considered.
Cindy
11-13-2009, 01:59 PM
At what point do they see that as "viable outside of the womb?"

If their heart and lungs are developed enough, maybe. I am sure they have guidelines. But you know there are miracle babies born every day that survive.
Pressing-On
11-13-2009, 02:01 PM
If their heart and lungs are developed enough, maybe. I am sure they have guidelines. But you know there are miracle babies born every day that survive.
Right!

Okay, gotta run!
pelathais
11-13-2009, 02:02 PM
At what point do they see that as "viable outside of the womb?"
The length of pregnancy. Generally after 28 weeks the baby is considered viable. Of course, some babies have been born prematurely earlier than that and survived.

This website says "viable (legally)" at 28 weeks. I think this is the standard of Roe v. Wade, or another case - the beginning of the third trimester?

http://www.dcdoctor.com/pages/rightpages_wellnesscenter/pregnancy/fetaldevelopment.html
Ferd
11-13-2009, 03:13 PM
If their heart and lungs are developed enough, maybe. I am sure they have guidelines. But you know there are miracle babies born every day that survive.

Right!

Okay, gotta run!

These laws will vary from state to state. Each state is in total control of thier legal system.

One state might allow for double murder charge for any pregnant woman where another state might not allow for such a charge even if the baby is past 36 weeks.

jurisdiction rules. I dont know what the UCMJ says about it and in this case that is the jurisdiction.
Ferd
11-13-2009, 03:14 PM
The length of pregnancy. Generally after 28 weeks the baby is considered viable. Of course, some babies have been born prematurely earlier than that and survived.

This website says "viable (legally)" at 28 weeks. I think this is the standard of Roe v. Wade, or another case - the beginning of the third trimester?

http://www.dcdoctor.com/pages/rightpages_wellnesscenter/pregnancy/fetaldevelopment.html

actually Roe allowed for abortion in the first trimester. That has expanded since.


there is quite a bit of debate right now about when a baby is "viable" week 24 is now not unusual and.
Neck
11-13-2009, 03:15 PM
Should Nidal Hasan be charged with the murder of the unborn child as well?

I'm trying to think of a case where they did include the unborn child. Can't put my finger on it, but I thought something was settled on that.

Wisconsin has the law, if someone kills an expectant mother or punches her and the baby dies. They can be charged with murder.