Was gonna do this in Great Debates, but no. No, no, no.
The woman didn’t even shoot herself! She supposedly instigated the fight which meant that she endangered her fetus recklessly. In fact, the grand jury didn’t even indict the actual shooter who shot actual bullets into her!
I want to say it’s an Alabama thing and more to the point say that it’s a young black female in Alabama thing. And sure, all of that is not incorrect. But let’s look at the bigger picture:
This is literally blaming the victim.
This is literally putting the rights of an unborn, nonviable fetus above the woman.
This is literally what happens when “personhood” is granted to unborn, nonviable fetuses.
This is literally what people have warned would happen if the anti-choicers got their way.
(Fuck calling them pro-life. None of them have tried to change immigration laws by posting pictures of that dead father and daughter but they sure will post fake-ass aborted fetuses to try and change reproductive rights.)
This is a fucking travesty. Fuck everyone who made this determination and decided that it was even a close approximation of what we call “justice.”
The whole getting shot thing made her the victim. She was not shooting and here is no evidence she used any other weapon. I appreciate that gun nuts love escalating altercations with firearms, but that doesn’t mean it’s an appropriate action nor that the person who escalates avoids responsibility because “she started it,” which didn’t even work when I was nine fighting my brothers.
I just read the link in the OP. Apparently the pregnant woman attacked another woman and “pressed the attack” to the point where the other woman had to defend herself with a firearm. Apparently the police and prosecutor both agree that was a reasonable and lawful response. Given the concept of “felony murder”, I’m not seeing how this arrest is wrong under current law.
Personally I feel that “murder of an unborn child” is a ridiculous law, and having a charge of “ADW resulting in miscarriage” would make sense. Of course that would apply here only if the second woman had initiated the attack.
Out of curiosity would you be better with shooter being charged? IOW is your problem with the idea of responding to an attack with a firearm as justifiable and the attacker of the gun holder being held as the person responsible for the gun use, or with the death of the fetus being a crime?
How many news reports do we see of children accidently being shot and killed because there was a loaded firearm in the home. Those are always “tragic accidents” and IIRC the firearm owner isn’t generally charged.
Escalating? Why was there an altercation in the first place? What is the assailed supposed to do in self defense- use a fist, then a knee, then try a baton, then a pocketknife, and then if still able, use the firearm?
Not every target is a physical match for an attacker (or intruder). This is why firearms are sometimes called ‘equalizers’.
Jemison, the shooter, was shooting in self-defense, so the grand jury rightly didn’t indict her. But to charge Jones, the pregnant woman, with manslaughter is insane. She was not the direct cause of the fetus’ death. She didn’t direct Jemison to shoot her in the stomach. (Again, not blaming Jemison.) Did she even know Jemison had a gun?
If Alabama wants to get all Alabama-y about this, they could, I suppose, charge Jones with reckless endangerment, though even that’s dicey. To charge her with manslaughter is ridiculous. If she’s convicted, expect a successful appeal.
You know, I get that I’m just a distant foreigner and most of my information comes from sensational stories and TV series… but is it just me or are Alabama and Florida somehow permanently locked in an escalating loop of “This is just the most backwards idiotic thing I’ve ever heard of” “Hold m’beer.” ?
Well, they’re neighbors… and Mississippi, another contender for the title of “most awkward thing done while beer was held”, is right next to Alabama.
but part of the reason why we hear so many stupid things from Florida is that Florida publishes all stupid things done there and requiring police intervention, to an extent others don’t. I suspect if Alaska had a similar law they’d have quite a bit to say, and they’re pretty much on the other end of North America.
Fine, the woman who was shot was not a victim since she initiated the fight. I still don’t see how she should be charged with anything regarding her pregnancy. I could see a charge for assault (for the fight she started with the woman who shot her), but that’s it. Can we focus on the ridiculous charge against the woman herself?
Is it illegal to take the wrong prescription drugs while pregnant? To drink or smoke? Is there an extra charge of child endangerment for driving without a seat belt while pregnant? Is it illegal to ride a roller coaster? Should drug users get charged with child endangerment if they’re pregnant?
It would seem that the answer to all of these questions would be “Yes” in Alabama.
I think it’s a combination of ‘things that happen because you performed a crime’ and ‘the unborn are people with all the rights of people’.
The frequent example for the first point is if someone is shot as part of you robbing a bank; you can now be charged with murder. If the end of a fetus by gunshot is called murder, then one can call the end of a fetus by abortion murder.
So, what about drinking, smoking, riding a roller coaster, or taking legally prescribed drugs that may be dangerous to the fetus? Those all endanger the fetus (what you’re calling a person with all the rights of a person) just like getting into a fight.