SHOULD I BE CRIMINALLY PROSECUTED IN THIS SITUATION?

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ethics : SHOULD I BE CRIMINALLY PROSECUTED IN THIS SITUATION?

[+] ballot by Freedom_Fries
created Fri Jan 21, 05
Let's say i'm a bank teller and a woman comes into my workplace wielding a gun and screaming "fill this bag with notes, now!"
As she turns to threat shooting the bank customers, i draw a handgun under my desk and shoot her square in the back, killing her immediately and ending the robbery.
It just happens that a "protection of the unborn" legal provision is in effect and this woman was proven to be pregnant. I just killed her unborn child who didn't take part in planning or executing the robbery (I'm just guessing here).
Should I be criminally prosecuted for the killing of the unborn child, given the "Protection of the Unborn Act"?

yes, you should be prosecuted
no, you shouldn't be prosecuted

Ballot #65288 : SEE RESULTS

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COMMENTS:
Interesting question. I'd say that you aren't criminally liable, as the mother was committing a criminal act when she died. Of course, I'm just a mathematician with a thing for Jennifer Connelly, so you MIGHT want to consult an actual lawyer.

by Truthseeker013 on Fri Jan 21, 05 5:34pm [+]

Yeah, but at least here, for an entity to be protected by civil law they got to have juridic personality.
If an unborn child has juridic personality, then he's a separate entity from his mother-to-be, and isn't legally bound by her actions.

by Freedom_Fries on Fri Jan 21, 05 5:45pm [+]

You would be arrested--arrested in the sense that the police would stop you from going about your business and take you in for questioning.
If wittnesses and film backed up your story you'd be a free man freedom-fries.
Why?
You didn't kill the child, she did, by putting the child in the situation--like an intoxicated driver who kills his passenger.
If she lived and the baby died she would be prosecuted for murder.

by elvislennon on Fri Jan 21, 05 6:31pm [+]

I gather, from the question, that the woman isn't 'showing' - so how could you possibly know she was pregnant? It's the equivalent of stuffing a baby into a backpack, taping his/her mouth shut, and committing the same robbery.

by Applerod on Fri Jan 21, 05 6:37pm [+]

You ought to be rewarded for shooting a criminal, so I'd have to go with 'no' on this one.

by herzog on Sat Jan 22, 05 12:27am [+]

~ What he said.

by thc2883 on Sat Jan 22, 05 7:14am [+]

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