Florida woman argues her unborn baby should be released from jail

[Scott]

Yvette Harrell was six weeks pregnant when she fatally shot another woman.

Now in prison awaiting trial, she claims her unborn baby is being unlawfully detained.

In an emergency petition in a Florida court, Ms Harrell's lawyer argued that jail staff have endangered the child through "a lack of reasonable and necessary prenatal care".

https://www.bbc.com/news/world-us-canada-64735537

[thaibeachlovers]

Perhaps she should have thought about that before murdering someone.

 

The American law scene constantly boggles me.

[bendejo]

Pretty cool move: if life begins at conception, as the anti-abortion crowd likes to say, it's put up or shut up.

All for protecting the rights of the unborn, are you?  My guess is this is a lawyer's idea.

 

 

[Scott]

3 hours ago, bendejo said:

Pretty cool move: if life begins at conception, as the anti-abortion crowd likes to say, it's put up or shut up.

All for protecting the rights of the unborn, are you?  My guess is this is a lawyer's idea.

 

 

And in at least one state, pregnant women are now able to use the HOV lane.

[Berkshire]

5 hours ago, thaibeachlovers said:

Perhaps she should have thought about that before murdering someone.

 

The American law scene constantly boggles me.

Yeah, but if the state of Florida sees the fetus as a person, then that person is being unlawfully detained.  The kid didn't murder anybody! 

[JonnyF]

Given that the unborn baby was present during the murder and did nothing to prevent it, surely it should stay in jail under the doctrine of joint enterprise?

 

That wasn't a serious point by the way, before anyone starts asking for links to cases setting such a precedent ????.

[bendejo]

Looks like an interesting subject.

 

Following the idea "life begins at conception" it means a pregnant woman is two people.  So, woman commits a crime, is the fetus culpable?  Can a person be born with a criminal record?  Legal definition of birth redefined.  And the fetus will need a name, and a (drum roll, please) a gender.  And here we go down yet another conservative vortex. 

And this would be just the beginning.

 

[Tug]

Naaa the fetus is just as guilty as the person who pulled the trigger it was at the scene of the crime guilty by association throw the book at it lol 

[onthedarkside]

A troll post of a baiting nature has been reported and removed along with a reply

[Mac Mickmanus]

3 hours ago, Berkshire said:

Yeah, but if the state of Florida sees the fetus as a person, then that person is being unlawfully detained.  The kid didn't murder anybody! 

The foetus  is being unlawfully detained in its mothers stomach ?

[userabcd]

2 hours ago, Tug said:

Naaa the fetus is just as guilty as the person who pulled the trigger it was at the scene of the crime guilty by association throw the book at it lol 

No it is not, it is under the age of legal responsibility.

[placnx]

5 hours ago, Berkshire said:

Yeah, but if the state of Florida sees the fetus as a person, then that person is being unlawfully detained.  The kid didn't murder anybody! 

Obviously the fetus is an accessory.

[bangon04]

5 hours ago, Berkshire said:

Yeah, but if the state of Florida sees the fetus as a person, then that person is being unlawfully detained.  The kid didn't murder anybody! 

The fetus was present during the commitment of the crime, and failed to notify the relevant authorities of it. Naturally the fetus should be charged as an accessory after the fact.........

[Purdey]

Prosecution Lawyer to fetus: "And were you at the scene of the crime?"

Fetus: "Yes, but I was an unwilling accomplice."

Lawyer: "But you don't deny being there?"

Fetus: "No, but I didn't see anything."

Lawyer: "How could you not see anything? You were right on the spot."

Defense lawyer: "Objection Your Honor, he or she doesn't have eyes yet."

Judge: "Sustained."

 

[Tug]

8 hours ago, userabcd said:

No it is not, it is under the age of legal responsibility.

I say try it as an adult lol seriously a novel move on the part of the perpetrator that beeing said hopefully for the baby’s sake she gets the proper pre natal care in prison 

[puchooay]

Is there a law in Florida against taking a minor with you while you commit murder?

 

If so, that needs to be added to the charge sheet.

[Mac Mickmanus]

7 minutes ago, puchooay said:

Is there a law in Florida against taking a minor with you while you commit murder?

 

If so, that needs to be added to the charge sheet.

It was a foetus , it wasn't a minor

[bangon04]

15 minutes ago, Mac Mickmanus said:

It was a foetus , it wasn't a minor

but but the bible thumpers in Florida insist that the life begins at the moment of conception......

[puchooay]

21 minutes ago, Mac Mickmanus said:

It was a foetus , it wasn't a minor

Not according to the accused.

 

My point was, if it is being held against it's will. It has to be considered when prosecuting the accused. Can't gave it both ways.

[Mac Mickmanus]

5 minutes ago, puchooay said:

Not according to the accused.

 

My point was, if it is being held against it's will. It has to be considered when prosecuting the accused. Can't gave it both ways.

The accused is trying to get herself out of jail by being "clever" and her opinion isn't the law

 

[Mac Mickmanus]

41 minutes ago, bangon04 said:

but but the bible thumpers in Florida insist that the life begins at the moment of conception......

Yes, that would be when life begins as a foetus , when the foetus is born, it becomes a baby 

[chickenslegs]

8 hours ago, Purdey said:

 

Defense lawyer: "Objection Your Honor, he or she doesn't have eyes yet."

Judge: "Sustained."

 

* they.

[puchooay]

45 minutes ago, Mac Mickmanus said:

The accused is trying to get herself out of jail by being "clever" and her opinion isn't the law

 

Exactly my point. The prosecution need to point out it goes both ways.

[bendejo]

15 hours ago, placnx said:

Obviously the fetus is an accessory.

The way some celebrities like to show off their gravid bodies you would think it qualifies as a fashion accessory.

 

*Graphic edited out*

 

 

[bendejo]

6 hours ago, Mac Mickmanus said:

Yes, that would be when life begins as a foetus , when the foetus is born, it becomes a baby 

There are billboards of this sort all over the USA.  A smart person would be aware of the propaganda before taking a side.

 

*Graphic edited out*

 

 

 

 

[thaibeachlovers]

6 hours ago, puchooay said:

Exactly my point. The prosecution need to point out it goes both ways.

From the OP I think her point is that she doesn't get proper pre natal care. I wonder if there are any other prisoners in the same situation, and the case could easily be resolved by providing "proper" pre natal care.

If it can be proven that the pre natal care is insufficient then she has a case, IMO.

[puchooay]

9 minutes ago, thaibeachlovers said:

From the OP I think her point is that she doesn't get proper pre natal care. I wonder if there are any other prisoners in the same situation, and the case could easily be resolved by providing "proper" pre natal care.

If it can be proven that the pre natal care is insufficient then she has a case, IMO.

No. She's trying to get released on the grounds her "baby" is being held for no reason. From the OP, that'd made quite obvious.

[Chomper Higgot]

8 hours ago, puchooay said:

Not according to the accused.

 

My point was, if it is being held against it's will. It has to be considered when prosecuting the accused. Can't gave it both ways.

Double switch.

 

It’s the Florida law that claims a fetus is a baby, the litigant is using ‘the legal’ definition, not ‘having it both ways’.

[thaibeachlovers]

1 hour ago, puchooay said:

No. She's trying to get released on the grounds her "baby" is being held for no reason. From the OP, that'd made quite obvious.

Did you miss "In an emergency petition in a Florida court, Ms Harrell's lawyer argued that jail staff have endangered the child through "a lack of reasonable and necessary prenatal care". ?

 

Where is that saying about being held for "no reason"?

[vandeventer]

20 hours ago, Mac Mickmanus said:

The foetus  is being unlawfully detained in its mothers stomach ?

This is a very good point, at what age does the baby [which is parsley developed] have rights?