Murder Charges, Death Penalty for Terminated Pregnancies

Wait a minute! Did I read that headline correctly? An Ohio prosecuter will pursue murder charges against the Cleveland kidnapping suspect for terminating the pregnancies of the women he is accused of holding captive for a decade?

Death penalty sought? Aggravated murder? How can that be?

Prosecutor will seek murder charges for terminated pregnancies in kidnap case

http://usnews.nbcnews.com/_news/2013/05 ... -case?lite

An Ohio prosecutor vowed Thursday to pursue murder charges against the Cleveland kidnapping suspect for terminating the pregnancies of the women he is accused of holding captive for a decade.

The prosecutor, Timothy McGinty of Cuyahoga County, also said that he would consider seeking the death penalty.

The suspect, Ariel Castro, is already charged with four counts of kidnapping — three for the women he is accused of abducting and one for a baby that one of the women bore in captivity.

McGinty said he would seek charges for each act of sexual violence, rape, kidnapping, assault and “each act of aggravated murder he committed by terminating pregnancies that the offender perpetuated against the hostages during this decade-long ordeal.”

How can you charge someone with aggravated murder and seek the death penalty when doctors are doing the same thing every day? Or would you say that it's not murder when it's a "choice"?

I'm confused as well... I was under the impression that an unborn baby is just a clump of cells and should not be considered a human being unless it's breathing outside the womb. This guy shouldn't be charged with murder if he didn't murder human beings. I've also heard many people who are pro-life say that they are against abortion except in the cases of incest and rape. I wonder what that 6yr old little girl will think about that logic when she's old enough to understand it?

They certainly have enough to charge this monster with already.... Do either of you know what the laws are in Ohio relating to a murder charge against the unborn? Personally I'm relieved he didn't have more young children to terrorize, but my heart aches for the young woman who was beaten and starved to the point she miscarried. This whole case is horrifying beyond belief. The politics of it matter nothing to me....

archer wrote: They certainly have enough to charge this monster with already.... Do either of you know what the laws are in Ohio relating to a murder charge against the unborn? Personally I'm relieved he didn't have more young children to terrorize, but my heart aches for the young woman who was beaten and starved to the point she miscarried. This whole case is horrifying beyond belief. The politics of it matter nothing to me....

I think Ohio law is different than federal law but I could be wrong. This guy deserves death imo, even if he didn't kill the unborn. My only point is consistency, or lack of. If it's a capital murder crime to kill an unborn baby, why have "we" as a society decided it perfectly fine for a mother to choose the same fate for her baby? It can't be an unthinkable crime on one had and just a woman's right on the other. Both result in the death of a living human being... the only differences are the methods and motives of the actions.

I agree that this monster should die. No doubt in my mind. The inconsistency of policy was the point of my post. I suspect it's a slippery slope that abortion proponents don't want to play on.

lionshead2010 wrote: I agree that this monster should die. No doubt in my mind. The inconsistency of policy was the point of my post. I suspect it's a slippery slope that abortion proponents don't want to play on.

I suspect you are right.

Just a quick Google search shows that this guy is a wack job. Just because he says something does not make it law. He hasn't brought these charges yet, so you shouldn't act like it is the truth. One idiot prosecutor does not make "policy". Hopefully, they will remove this jackass and put a prosecutor in charge who will send the asshole deviant to his death, whether by the state or by some fellow prisoner in the can.

Soulshiner wrote: Just a quick Google search shows that this guy is a wack job. Just because he says something does not make it law. He hasn't brought these charges yet, so you shouldn't act like it is the truth. One idiot prosecutor does not make "policy". Hopefully, they will remove this jackass and put a prosecutor in charge who will send the asshole deviant to his death, whether by the state or by some fellow prisoner in the can.

There is Ohio law...

Ohio: At any stage of pre-natal development, if an "unborn member of the species homo sapiens, who is or was carried in the womb of another" is killed, it is aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, aggravated vehicular homicide, and vehicular homicide. Ohio Rev. Code Ann. §§ 2903.01 to 2903.07, 2903.09 (Anderson 1996 & Supp. 1998).

http://www.nrlc.org/Unborn_Victims/Statehomicidelaws092302.html

the laws of 36 states also recognize the human fetus as the legal victim of homicide (and often, other violent crimes) during the entire period of pre-natal development (27 states) or during part of the pre-natal period (nine states).[8] Legal challenges to these laws, arguing that they violate Roe v. Wade or other U.S. Supreme Court precedents, have been uniformly rejected by both the federal and the state courts, including the supreme courts of California, Pennsylvania, and Minnesota.[9]

And there is a federal law as well (which may not apply in this case)...

The Unborn Victims of Violence Act of 2004 (Public Law 108-212) is a United States law which recognizes a child in utero as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb".[1]

The law is codified in two sections of the United States Code: Title 18, Chapter 1 (Crimes), §1841 (18 USC 1841) and Title 10, Chapter 22 (Uniform Code of Military Justice) §919a (Article 119a).

The law applies only to certain offenses over which the United States government has jurisdiction, including certain crimes committed on Federal properties, against certain Federal officials and employees, and by members of the military. In addition, it covers certain crimes that are defined by statute as federal offenses wherever they occur, no matter who commits them, such as certain crimes of terrorism.

http://en.wikipedia.org/wiki/Unborn_Victims_of_Violence_Act

edited to add more details on the Ohio law...

http://codes.ohio.gov/orc/2903.01