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9/22/2017 12:11:25 AM
Posted: 1/30/2006 4:00:09 PM EDT
[Last Edit: 1/30/2006 4:00:50 PM EDT by 1911greg]
I am looking at a case where a guy kills his pregnant wifes unborn child, one of the issues that comes up is that the court is trying to decide if he can be tried for murder, they do not think he can because he did not have a resonable belief that he was committing murder...

weird, so basically you can break the law as long as you dont realize it?

No intent= no law broken except for certain crimes like statutory rape...
Link Posted: 1/30/2006 4:01:44 PM EDT
I think the saying goes, "Ignorance of the law is not a defense!"
Link Posted: 1/30/2006 4:02:19 PM EDT
[Last Edit: 1/30/2006 4:05:24 PM EDT by cheaptrickfan]

Originally Posted By 1911greg: I am looking at a case where a guy kills his pregnant wifes unborn child, one of the issues that comes up is that the court is trying to decide if he can be tried for murder, they do not think he can because he did not have a resonable belief that he was committing murder...

weird, so basically you can break the law as long as you dont realize it?

No intent= no law broken except for certain crimes like statutory rape...



Having intent, or mens rea, is not always the determining factor.

What were the circumstances under which the unborn child was killed? Was it a domestic fight and he punched so hard the baby died? Did he stab the baby through her? Did she ask him to perform an abortion? Did the baby die as a result of self-defense on the man's part after being attacked by the woman?

Having the mens rea to kill the unborn child will be difficult to prove (especially in the 9th circus, er... circuit, in Kalifornia) because they want abortion on demand.

The hypothosis needs more information, but there are a variety of factors to consider.
Link Posted: 1/30/2006 4:04:39 PM EDT
It depends if the crime is a general intent or specific intent crime.

You need not be aware to break a general intent crime, however it is part of the corpus delicti for specific intent crimes. IE: it can be argued that a severely drunk person can not commit burglary (as defined by CA P.C.) however lesse included crimes can be charged instead, since they don't require a specific intent.
Link Posted: 1/30/2006 4:04:47 PM EDT
Hey, the doctor down the street does it...but it costs money......
I can do it here honey!

Are abortion doctors the only ones prefessional enough to kill unborn children?


sickening.
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