Horse-hanged.
Posted on 10/22/2015 7:19:44 AM PDT by Behind Liberal Lines
On May 30, 2008, defendant, driving eastbound on Whiskey Road in Suffolk County, entered the westbound lane and struck the vehicle of Robert and Mary Kelly head on, killing them both. At the time of the collision, defendant was 34 weeks pregnant. She was taken to a local hospital where, due to signs of fetal distress, she consented to an emergency cesarean section.
Despite the best efforts of hospital personnel, the baby died six days later. An autopsy confirmed that the cause of death was due to injuries sustained in the accident....
Following deliberations, the jury returned a verdict finding the defendant not guilty on all counts except manslaughter in the second degree for the death of her child. The Appellate Division affirmed defendant's conviction (113 AD3d 793 [2d Dept 2014]). A Judge of this Court granted defendant leave to appeal. We now reverse
The underlying facts and circumstances of this appeal are tragic to all parties involved. The sole issue that we reach on this appeal, however, is whether a woman can be convicted of manslaughter for reckless conduct that she engaged in while pregnant that caused injury to the fetus in utero where the child was born alive but died as a result of that injury days later We hold that it is evident from the statutory scheme that the legislature, in enacting Penal Law § 125.05 (1) and § 125.15 (1), did not intend to hold pregnant women criminally responsible for conduct with respect to themselves and their unborn fetuses unless such conduct is done intentionally...
Had the legislature intended to include pregnant women in the class of individuals who may be guilty of manslaughter in the second degree for reckless acts committed while pregnant, resulting in the eventual death of their child, it could clearly have done so. Moreover, had defendant's fetus died in utero, then, plainly, defendant could not have been prosecuted under the manslaughter statute because the fetus would not have fallen under the definition of a "person" ...had defendant not consented to the cesarean section with the result that the child be born alive, she would not have been prosecuted for manslaughter in the second degree. Thus, if we accorded the word "person" the interpretation advocated by the People, it would create a perverse incentive for a pregnant woman to refuse a cesarean section out of fear that if her baby is born alive she would face criminal charges for her alleged reckless conduct, jeopardizing the health of the woman and the unborn fetus. This is plainly not what the legislature intended when it enacted the definition of "person" under section 125.05 (1) or the manslaughter in the second degree offense as delineated in Penal Law § 125.15 (1).
The imposition of criminal liability upon pregnant women for acts committed against a fetus that is later born and subsequently dies as a result of injuries sustained while in utero should be clearly defined by the legislature, not the courts. It should also not be left to the whim of the prosecutor.
FAHEY, J.(dissenting): I respectfully dissent and would affirm the Appellate Division’s order. I cannot join in a result that analyzes our statutes to determine that a six-day-old child is not a person...
New York is where Satan goes to vacation.
Horse-hanged.
See for yourself.
http://www.verb2verbe.com/conjugation/english-verb/hang.aspx
The article and my comment were specific to her being on trial for killing her baby. As pertains to that aspect my comment stands. As to the people she killed in the other car for that she should be punished.
{”Some power out there hates human life so much it wants to kill it in the womb.”}
We know what power that is.
Follow that line of “reasoning” to its logical conclusion. A sixty year old progressive is not a person and may be killed in the public interest.
Hung is the past tense and past participle of hang in most of that verb’s senses. For instance, yesterday you might have hung a picture on the wall, hung a right turn, and hung your head in sorrow. The exception comes where hang means to put to death by hanging. The past tense and past participle of hang in this sense, and only in this sense, is hanged.
from the Grammarist
It’s proper grammar.
See AP stylebook.
Thank you.
No it is NOT.
The logical destination of of the “logic” of Roe. Of course the starting point for such “logic” is stark raving depraved madness.
Yup. They have to dehumanize them first, because, in their hearts, they still know it’s wrong to murder innocent human beings.
It is unfortunate such a ruling was forced but those involved in making the decision seem to have been stuck between a rock and a hard place.
Indeed as the majority opinion points out, if the conviction had been allowed to stand, it might encourage future mothers in such a situation to not elect to have a cesarean, even to implement life saving measures for the baby, because she might be charged with manslaughter if the baby dies later.
If she (or any woman) had been in a head on collision with a tree, so no one else died as a result, should she still be tried and convicted of manslaughter? Just because her baby died? And the only reason the baby died outside the womb was because she elected to have a cesarean? So if she didn’t have a cesarean she shouldn’t be charged but if she does she should?
No the way I see it the judge’s decision at least removes any legal threat for pregnant women in car accidents who wish to try to save their baby.
Like I said it’s a rock and a hard place situation. (I’m assuming throughout all this she wasn’t intoxicated or anything like that).
How long before someone who kills a baby goes free while someone who kills a baby animal goes to jail? Wait. we’re already there.
Hard to argue against this. It's nice to see that some NY Judges actually recall what each branch's Constitutional duties are.
(Of course, it reads to me like they're hiding behind this correct logic, but I'll appreciate the rare reasoning anyway.)
Not in this instance:
Hanged vs. hung
Hung is the past tense and past participle of hang in most of that verb’s senses. For instance, yesterday you might have hung a picture on the wall, hung a right turn, and hung your head in sorrow. The exception comes where hang means to put to death by hanging. The past tense and past participle of hang in this sense, and only in this sense, is hanged.
When someone is hung out of malice but with no intent to kill, as described in the example below, hung is the conventional word:
They hung him by chains and tortured him. [Day Press News]
Examples
Hung
A column of smoke visible from six miles away hung over the scene throughout the afternoon. [NBC Washington]
Two teenage boys that hung on to tree branches for two hours in the middle of Beaver Creek have been rescued. [My Fox Phoenix]
I hung the decorations in our platoon office for everyone to enjoy. [Galesburg Register-Mail]
Hanged
The hangman, who has hanged nine people in his 21 years in prison, has requested anonymity. [BBC News]
A man due to be sentenced tomorrow for murdering his brother has been found hanged in his cell. [Mirror]
Source: http://grammarist.com/usage/hanged-hung/
So is baby sacrifice no longer a crime? Well since the as long as the baby is a few days old it is not a living person.....
She swerved into oncoming traffic and killed 2 other people. The Prosecutor seems to think that she needs more names added to her list of victims, and wants to tinker with the statutes to do it. That takes a lot of time and effort. This Prosecutor is doing it for some reason.
I still agree with the majority decision here, sympathies to the unborn aside. Let the Legislature change the laws, not judges and prosecutors.
Agree. The DA should have been horsewhipped. Had I been on a jury I wouldn’t have convicted either.
Unfortunately a bad case sets an illogical precedent. How many days must pass for cells to become a child?
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