Fetal homicide laws and abortion

alan1

Gold Member
Dec 13, 2008
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Shoveling the ashes
I came across this news article, Flying Biscuit murders mark a first in N.C. homicide cases | CharlotteObserver.com
snips,
marked the first time prosecutors in North Carolina sought an indictment for the murder of an unborn baby.
But Cox pleaded guilty to first-degree murder, murder of an unborn child, robbery with a dangerous weapon and felony larceny.

He was sentenced to life in prison without parole for each of the murders.
My understanding is that this is the first time in NC that a person has been convicted of fetal homicide.
Here is a list of how the states deal with fetal (the unborn) homicide. Fetal Homicide State Laws
It seems that lots of states will seek a murder prosecution for the unborn fetus. Yet many of those same states will allow abortion.
Is it schizophrenic of the state to prosecute some fetal deaths as murder whilst allowing other fetal deaths via abortion?
 
The issues in your post concern criminal law.

Abortion, privacy rights, access to abortion, etc. concern civil (Constitutional) law, particularly substantive due process as opposed to procedural.

Two different legal realms.

Dead fetus is the result in both situations. Why is one criminal and the other not. It's not legal for me to end your life over privacy issues.
 

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