This is going to provoke outrage but there’s a rather simple explanation to it. A pregnant woman has been charged over the death of her foetus. But she, that pregnant woman, is the one who got shot, causing the death of the baby. So, why isn’t the person who fired the shot getting charged? You know, if it’s going to be murder, or manslaughter, or child endangerment, or procuring a miscarriage, then why isn’t it the person who actually did those things?
A pregnant woman who lost her baby when she was shot in the stomach has been charged with the unborn infant’s death. Marshae Jones, 27, became involved in a fight with 23-year-old Ebony Jemison while she was five months pregnant in Birmingham, Alabama, in December last year. The incident resulted in Jemison firing a gun at Jones, who went on to suffer a miscarriage. However, police decided that Jones should be charged with the baby’s death as she instigated the fight and continued to lash out after she was shot.
It’s the instigated there that matters:
The case has raised alarm among pro-choice groups who say it is shocking evidence of how the state’s restrictive abortion laws are now being used against pregnant women. “The investigation showed that the only true victim in this was the unborn baby,’’ said Lt Danny Reid of Pleasant Grove police following the shooting, reported AL.com in December. “It was the mother of the child who initiated and continued the fight which resulted in the death of her own unborn baby.” The Guardian has contacted Jefferson county district attorney’s office for comment. It comes after the Alabama governor, Kay Ivey ,signed a bill in May banning abortion in almost every circumstance – including rape and incest – posing a challenge to Roe v Wade, the landmark 1973 supreme court judgment that guaranteed abortion rights across the nation.
It’s actually nothing to do with abortion law at all. It’s just the standard way the law works.
If you start a fight and someone dies in that fight then you’re responsible for that person having died. Because death is an unusual but foreseeable result of a fight. So, you started it, you’re responsible. And that’s it.
The lady with the gun was defending herself, as she’s every right to do. The death was a result of the initiation of the fight – thus the person who initiated is responsible.
How else does anyone think this should work?