Court Overturns Conviction of Pregnant Woman Guilty of DUI Who Killed Her Child


Naturally, it all came down to the never-ending pro-life/pro-choice debate. According to Times Union, the Court of Appeals:

“said that Suffolk County prosecutors ‘concede that, 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.’ Ruling against Jorgensen, then, ‘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.'”

Of course, the court’s decision doesn’t take into account that part of making choices is realizing that you are responsible for their consequences, something that Jennifer Jorgensen never learned apparently.

Such an imposition of criminal liability, the majority found, “should be clearly defined by the legislature, not the courts. It should also not be left to the whim of the prosecutor.”

In an eight-page dissent, Judge Eugene Fahey — a recent Cuomo appointee — said that, “I cannot join in a result that analyzes our statutes to determine that a six-day-old child is not a person.”

Source: Times Union



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