Woman accused of cutting unborn baby from mother will not face murder charges

[PeaceNikki]

9. I get what you're saying, but fetal homicide laws are very very dangerous. And NEVER the answer.

In the U.S., pregnant women have been arrested even under fetal protection laws that exempt the pregnant woman herself from prosecution. That's because a law that recognizes fetal rights creates a confusing legal contradiction. If a fetus has the right not to be "murdered" in the womb by a third party, why doesn't it have the right not to be "murdered" by its own mother? In practice, these contradictory laws create a dangerous slippery slope towards criminalizing pregnant women for their behaviors while pregnant.

In Canada, the judicial system routinely takes aggravating circumstances into account. In the case of an assault or murder of a pregnant woman, even though a third party cannot be charged separately with harm to the fetus, prosecutors may recommend more serious charges, judges may impose harsher penalties and parole boards may deny parole to convicted perpetrators.