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Indiana Woman Charged With Murder After Eating Rat Poison While Pregnant

Discussion in 'BBS Hangout: Debate & Discussion' started by pirc1, Jun 22, 2011.

  1. pirc1

    pirc1 Member

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    I guess she should should have took a stronger poison to killed herself. Sad to say I live in this state.

    http://abcnews.go.com/US/pregnant-woman-ate-rat-poison-charged-murder/story?id=13402629


    By AMY BINGHAM
    April 19, 2011
    Advocates for women have rallied around a suicidal pregnant woman who survived a dose of rat poison, but has been jailed on murder charges because her poisoned infant died shortly after birth.

    The state of Indiana has charged Bei Bei Shuai, 34, with murder and feticide. She faces up to 85 years in prison if convicted.

    "This case would have huge implications," said Lynn Paltrow, the executive director of The National Advocates for Pregnant Women, a co-counsel for Bei Bei Shuai, the Indiana woman who tried to kill herself Dec. 23. "This case creates essentially an exception. Everyone that attempts suicide will be treated to the public health system, but pregnant women will be arrested and put in jail for rest of their lives."

    Shuai's attorney, Lisa Pence, has filed a motion for the case to be thrown out, saying it would set a precedent that discriminates against pregnant women and would discourage them from seeking medical care.

    "This is just another attack on a women's body," Pence said. "There has never been a case like this filed in Indiana. This is untested and unprecedented. Even if we win she will remain incarcerated for months. My hope is that the judge will ultimately dismiss this trial."

    David Rimstidt, the chief deputy on the prosecuting team, said Shuai wrote a letter before attempting to commit suicide that says she is going to "take this baby with me to Hades."

    INPD
    Bei Bei Shuai, 34, is accused of murder and... View Full Size

    INPD
    Bei Bei Shuai, 34, is accused of murder and attempted feticid after attempting suicide that lead to the death of her unborn child. Students Accused of Poisoning Teacher Watch Video
    Harvard Poisoning: Who Laced the Coffee? Watch Video
    Woman Live-Tweets Her Abortion Watch Video
    "Everybody is trying to put this into an agenda item rather than a prosecution," Rimstidt said. "It's about this woman having a specific intent to cause this harm that is against the law."

    Rimstidt said the only reason this case is so contentious is because the baby was unborn when Shuai attempted to kill it.

    "The fact that it was in utero makes it a different case," he said.

    The prosecutor rejected arguments that convicting Shuai would discourage women from seeking help for problematic pregnancies.

    "It would only have a chilling effect on women who have a specific intent to kill their fetus," Rimstidt said. "If you have a distressed pregnancy for any other reason, no crime would ever be charged for that."

    After eating rat poison pellets, Shuai, 34, did not die immediately, as she intended, and allowed two friends to take her to the hospital, according to a motion filed by Shuai's attorney. Six days later Shuai had cesarean surgery and gave birth to a premature baby girl who was suffering seizures upon delivery. The baby died four days later.

    Shuai, who immigrated to the U.S. from China 10 years ago, remained in the hospital's psychiatric unit for over a month. She was arrested March 14 and has been in jail ever since because Indiana does not offer bail to most murder suspects.



    Womens Groups Defend Pregnant Woman Who Survived Suicide But Infant Died
    The American Civil Liberties Union and medical groups such as the American College of Obstetricians and Gynecologists and the American Medical Association filed amicus briefs to support Shuai's release.

    "When the law and medicine intersect, we thought it was important to address the issue," said David Orentlicher, the attorney who filed the brief on behalf the medical groups. "We find this such an inappropriate use of the law and that's why these groups got involved."

    Orentlicher said that while cases such as these aim to protect fetuses, they actually jeopardize them and that prosecutors are being counterproductive by trying to handle this situation in court.

    "I understand the desire to do something, but this is one of those cases where the best thing they can do is not act. This is not a matter for prosecutors to resolve. It's a matter for doctors to address," Orentlicher said.

    A similar case in South Carolina in the 1990s found that mothers can be charged with child abuse if they take illegal drugs during their pregnancies.

    "South Carolina is the only state where as a result of judicial activism the court says women can be held liable for the outcome of their pregnancies," Paltrow said.

    Students Accused of Poisoning Teacher Watch Video
    Harvard Poisoning: Who Laced the Coffee? Watch Video
    Woman Live-Tweets Her Abortion Watch Video
    Paltrow said that if Shuai is convicted of murder, "Women will be discouraged from seeking help because even admitting that they have mental health problems could be attempted fetal homicide or risk of fetal homicide."

    Orentlicher said a conviction would increase abortion rates.

    "Some women will recognize the way to avoid prosecution is to get an abortion, and policy that encourages an abortion doesn't make any sense either," he said.

    Prosecutor Rimstidt said the case has nothing to do with abortion.

    "So many people have looked at this case and have put it into an agenda that they've got," he said. "We're not talking about an abortion provider or the act of an abortion so that has nothing to do with this case."
     
  2. Bandwagoner

    Bandwagoner Member

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    They should charge non-organ donors with several counts of murder.
     
  3. T.Mcgrady

    T.Mcgrady Member

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    The baby was at 33 weeks. I'm sorry, she deserves what's coming to her. Disgusting.
     
  4. SpiffyRifi

    SpiffyRifi Member

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    What it the possible logic behind this argument? That women are doing things to kill their baby at home and thus if we criminalize that action they will turn to abortion? This argument is a terrible argument. Whether you think this prosecution is justified or not, these groups who are coming to this woman's "aid" are making just awful points.
     
  5. JayZ750

    JayZ750 Member

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    I pretty much agree here.

    If it's illegal to have an abortion after X weeks, then the implication is that it so because that's killing a human life.

    If I'm suicidal and try to kill myself jumping off a building, but instead land on a person, killing that person but saving myself, I should be charged with murder... even if I was suicidal. not sure how this is different?
     
  6. Space Ghost

    Space Ghost Member

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    This is where the flawed logic of pro-abortion comes into play. Who is to say when a baby is an actual being vs a clump of cells. Pro Choicers do not come close to unanimously agreeing on this subject.

    That would be manslaughter, not murder.
     
  7. rocketsjudoka

    rocketsjudoka Member

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    There is pretty unanimous agreement that it is not at the time of conception.


    I agree that at the maximum this should be manslaughter. The other problem that I have with this law is that it really does make the mother subservient to the fetus. In this case she is not be tried with attempted murder to kill herself since while suicide is a considered a crime to my knowledge it is not considered murder or attempted murder and is rarely prosecuted. The fact that she was pregnant and she is being prosecuted basically says that her life isn't as important as the life of the fetus.
     
  8. rocketsjudoka

    rocketsjudoka Member

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    Just to also point out that there isn't unanimous agreement on the anti-abortion side as there are many anti-abortion people who still support the use of birth control pills that act by preventing the lining of the uterus to develop to where an embryo can attach to it. What that means is that the fertilized embryo will die. So if life begins at conception then a birth control pill is indirectly killing a life.
     
  9. JuanValdez

    JuanValdez Member

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    I'm surprised to see abortion groups coming to her defense. I really can't see an angle where this is okay. I thought these groups wanted to distance themselves from back-alley abortions.

    In that case, perhaps the comparison should be to someone who jumps off a building aiming to hit a particular person below in hopes of killing the target and herself at the same time, but succeeds only in killing the target while surviving. She intended to kill the fetus.
     
  10. Honey Bear

    Honey Bear Member

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    I like how a bunch of men are pretending to know what it's like to carry a fetus. To carry a baby inside their womb. You have no nourishing body parts for children. None of you are hard wired like a woman emotionally.

    This woman was probably in a state of shock and made a decision to have an abortion instead of living a life as a tormented single mother. Is that such a bad thing? At 33 weeks it's not the PC thing to do, but sometimes you have to do what's best for your own abilities, however small they are.

    She should not be tried with anything.
     
    1 person likes this.
  11. Dairy Ashford

    Dairy Ashford Member

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    Unfortunately, at 33 weeks it's not the legal thing to do, either. Rights are based on principle and compromise: that's why Civil Rights only applies to public or commercial organizations, and why abortions are limited after the second trimester: otherwise, they would have never been validated by law or the public at large. Unless she fails a competency test/hearing I believe she's intentionally performed an illegal abortion. But if no federal or state law exists on the books to prosecute that, then she should probably walk.
     
  12. bobrek

    bobrek Politics belong in the D & D

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    Which is why the Catholic Church does not support unnatural methods of birth control.....
     
  13. michecon

    michecon Member

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    a 33 week fetus is a human being.
     
  14. Honey Bear

    Honey Bear Member

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    I believe abortion laws should be specific to each case. How many women would be in their right mind if they were immigrants of 10 yearsnand found out that the man they were about to have a baby with had a wife? That's harder to take than being cheated on because you're about to bring a life and all it stands for into this world all by yourself. Could she collect child support bills from the guy? Would she even want to coming from a traditional background? We see tons of single mothers but in the heat of the moment, not everyone believes they're strong enough for that.

    Let's try to practice empathy here instead of writing her off as a murderer.
     
    1 person likes this.
  15. da_juice

    da_juice Member

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    Including condoms, because according to the Vatican, cause AIDS.
     
  16. moestavern19

    moestavern19 Member

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    The Pope doesn't need birth control anyway, you can't impregnate a 12 year old boy.
     
  17. rocketsjudoka

    rocketsjudoka Member

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    Actually she didn't choose to have an abortion. She chose to kill herself and take the fetus with her. She botched the suicide though.
     
  18. rocketsjudoka

    rocketsjudoka Member

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    True the Catholic Church does but not all anti-abortion groups agree with that stance. My point is that saying that the pro-choice side's logic is flawed because there isn't unanimous consent about when life does begin also goes to the anti-abortion side also as many are willing to support a practice that indirectly kills after conception.
     
  19. Air Langhi

    Air Langhi Contributing Member

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    This is why this country is broke. We waste money on cases like this. Did she mean to kill the baby? It doesn't seem that was her intent. I am sure the prosecutors are trying to find a way to convict her exBF.The prosecutor is just trying to get 15 minutes. Just call it a involuntary manslaughter and let it go.
     
  20. durvasa

    durvasa Member

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    If a suicidal mother decides to drive her car into a tree while her baby is sitting next to her in the car, and she survives while the baby doesn't, is that murder? It is at least manslaughter, right?
     

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