17 year old girl who is 7months pregnant gets drunk and gets into a car accident. She is rushed to a hospital and her baby is delivered by emergency cesarean section; her baby dies two days later.
So more specifically, what landmark court cases can I use that can be useful for the situation above?What are examples of some landmark court cases on the drunk driving and vehicular manslaughter?
Lots of issues, for which different cases would apply, depending upon the state in question. You're asking us to make a whole lot of assumptions.
Who gave the alcohol to a minor? Did that person know she was pregnant? Did that person know she was going to drive? Did she drive herself or was she in a car accident with someone else driving? Who was driving the car she was in? Was that person impaired? What was the cause of the car accident? Just because you're sober doesn't prevent someone else from running a red light and hitting you. Whose decision was it to have an emergency C-section? Did she give informed consent? Was there anyone else who could give the necessary consent for her, given her inebriated condition? Was it a medical imperative to save her life or only the life of the fetus? What was the cause of the baby's death? Was it deformed or otherwise not viable and would have died anyway? What is the state's law regarding reckless endangerment of a minor? What is the state's law on whether a 7-month fetus is a ';human'; that has rights separate from those of the mother?What are examples of some landmark court cases on the drunk driving and vehicular manslaughter?
Since you're dealing with a criminal act, your landmark cases are going to depend on the state where you live. As someone said, there are a lot (a LOT) of other issues apart from vehicular manslaughter going on in there. However, if that's the only subject your interested in, I would suggest you look at what defines a ';person'; in your state as well as the specific manslaughter statute. Some states have statutes that specifically include unborn children.
For example, Arizona recognizes an ';unborn child in the womb at any stage of its development'; in its manslaughter statute. My own Virginia says ';Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another'; is guilty of murder, but does not specifically include this line in manslaughter. Florida requires viability to be found guilty as do 9 other states.
Take a look at http://www.nrlc.org/Unborn_Victims/State鈥?/a> for the quick version. This is mainly to do with murder, but it does also include some states manslaughter laws.
There are no landmark decisions that fit that specific situation. It is not a case of vehicular manslaughter. A case could be made for depraved indifference however because the pregnant woman was drinking while pregnant
One board game has a card that says do not pass go .Go straight to jail seems to fit.
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