united-states criminal-law alabama manslaughter
Marshae Jones&#39; case: Manslaughter when shot, would it make a difference when baby was born?
<p>This is very specific to the reported case of Marshae Jones, from what I learned in the article from The Guardian: <a href="https://www.theguardian.com/us-news/2019/jun/27/alabama-pregnant-woman-shot-manslaughter-charge-marshae-jones" rel="nofollow noreferrer">Alabama: pregnant woman shot in stomach is charged in fetus's death</a> </p>

<p>The given reason of her being charged was, according to the article, of her getting into an argument, thus exposing the unborn's life to the shooter.</p>

<p><strong>My question is, would this case be different if the baby was a newborn, and carried in a <a href="https://en.wikipedia.org/wiki/Baby_sling" rel="nofollow noreferrer">baby wrap or baby sling</a>?.</strong></p>

<p>It would not matter. Alabama is a state with a <a href="https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-1.html" rel="nofollow noreferrer">fetal homicide law</a>, where killing a fetus is legally the equivalent of killing a person (there is an exception for doctors). In this case, the government is relying on the definition of homicide where one "intentionally, knowingly, <em>recklessly or with criminal negligence</em> causes the death of another person". That wording is loose enough that it could include starting a fight which resulted in a death. In Washington, <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=9A.32.060" rel="nofollow noreferrer">the law</a> is much narrower – it requires "intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child", so the mother would not be culpable even if she started the fight.</p>
