Alabama Woman Charged in Fetal Death

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Thursday June 27, 2019 · 5:10 PM PDT

2019/06/27 · 17:10

Per AP Blake Anderson, a pregnant woman in Alabama was charged for the death of her fetus. The court determined that Marshae Jones initiated a fight, resulting in Ebony Jemison shooting her in self defense. Since Ebony Jemison acted in self-defense, she was not indicted. The fetus was found to be the only victim, and Marshae was charged for the death. I can’t rationalize this.

Once again it seems that fetal death is resulting in a prosecution of the mother. I understand that Jones endangered the fetus by starting a fight. However the only purpose of punishment would be deterrence and rehabilitation. If she had been thinking rationally, would she have endangered herself and her pregnancy? Will sending her to prison, make her sorrier for losing her pregnancy?

The nominal rationale behind fetal death laws is okay. Pregnant women deserve extra protections, and violence resulting in a miscarriage or fetal death should be a crime. However this is not the first time that the pregnant mother herself has been indicted for the crime. The only rationale I recognize in these laws is to protect the mother. I haven’t heard of, and don’t believe a pregnant woman would intentionally harm the fetus, except through by a desire to terminate the pregnancy, which should be her right.

So besides once again, controlling women’s bodies, and taking away their rights and options, what is the purpose of these prosecutions?

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