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DADDY WARBUCKS
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She consented. It's just a fetus.

Is this based upon it being a crime to practice medicine without a license?


Michigan teen charged in girlfriend's miscarriage
MLive.com ^ | January 7, 2005 | The Associated Press

MOUNT CLEMENS, Mich. (AP) ? A teenager accused of causing his girlfriend's miscarriage was charged Tuesday with a felony punishable by up to 15 years in prison.

Authorities say a roughly 6-month-old male fetus was delivered Oct. 4 after the 16-year-old mother allowed her boyfriend to hit her repeatedly in the abdomen with a baseball bat over the course of two weeks. The buried fetus was discovered in November.

The medical examiner concluded that the fetus was not viable.

Macomb County Prosecutor Eric Smith said the boy ? a 16-year-old from Richmond ? was being charged with intentional conduct against a pregnant individual resulting in miscarriage or stillbirth. Under the 1999 Michigan law that made it a crime, only the person acting against the pregnant woman is criminally liable, while the mother is not.

"This crime is shocking and reprehensible," Smith said in a statement. "I will not entertain any plea bargaining on it."

The boy will be treated as a juvenile because of his age and lack of prior contacts with the criminal justice system.

Smith said the couple's actions first came to light when the girl spoke about them at a high school leadership conference in the Upper Peninsula. The conference's adult facilitator contacted state police.
 

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"Under the 1999 Michigan law that made it a crime, only the person acting against the pregnant woman is criminally liable, while the mother is not."

My guess is that nobody foresaw that anyone would do anything so despicable nor anything so stupid - especially since abortion is probably available as a reasonable alternative to getting whapped repeatedly in the belly with a baseball bat.

Anyway, Custer, to answer your question - nope, I don't think consent had anything to do with it. Just another of the poorly-written laws you and I have been yattering about lately. Seems to be a lot of that going around.
 

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They should both be charged with first degree murder. I wouldn't be surprised if there is a bigger fuss over the 2 girls stomping a kitten then there is over this.
 

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The medical examiner concluded that the fetus was not viable.

That's what prevented a murder charge....the medical examiner saying that it wasn't capable of existing on it's own.
 

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So that makes it OK because of what some medical examiner says. Another slap on the wrist for a very wicked crime.

In many states if you kill a pregnent woman, you are charged with 2 murders.
 

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N/A said:
The medical examiner concluded that the fetus was not viable.

That's what prevented a murder charge....the medical examiner saying that it wasn't capable of existing on it's own.
Does this mean that if the child had been carried to full term--it still wouldn't have survived? She was 6 months pregnant--that's a human life IMO and should be treated that way....but then again opinions are like a certain part of the body--everyone has one and someone will always think yours stinks :)
 
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