You are the judge

[creed 1,933]

What should the real charge be in this case?

https://whnt.com/news/dothan-woman-charged-in-death-of-pregnant-womans-fetus/

 

[CoffeeTiger 6,311]

It doesn't give any details on how far along the pregnancy was. 

If the fetus was at a point in time where it could live on its own outside of the mother then yes, murder. 

If it was a still developing fetus then I don't believe murder is an appropriate charge. 

 

 

[AU9377 6,578]

There are a  lot of questions to answer before knowing what the correct charge should be.  Did she know that the other woman was pregnant?  Who actually attacked whom?  Did the pregnant woman know that she was pregnant? At what stage was the pregnancy?  Did the health of the mother contribute to the miscarriage?  Does the fight qualify as an act resulting from sudden heat of passion?

At most, given that there doesn't seem to be any intent to harm the fetus, it seems the correct charge would be manslaughter.  However, if the woman knew the other woman was pregnant, I think Alabama law justifies the reckless murder charge.

Personally, I think that viability should matter, but AL law believes that a fetus can be born alive and healthy at 2 months, so what I believe doesn't matter much.

Edited February 3, 2022 by AU9377