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I believe the lawyer is actually making a habeus corpus claim as the fetus hasn’t been charged with a crime. The facts about not receiving proper care are just
by lovich 4y ago
I believe the lawyer is actually making a habeus corpus claim as the fetus hasn’t been charged with a crime. The facts about not receiving proper care are just additional information about the damage the allegedly illegal detainment is causing
- bpodgursky 4y agoWouldn't this logic implicate all (non-incarcerated) mothers in kidnapping? We have no evidence that the fetus prefers being out of jail to being in jail. Maybe it doesn't want to go to the grocery store, or take a car ride. The mother is making those choices, and it's not clear that her choices align with the fetus more than the state's.
- lovich 4y agoI don’t think the state has any sort of legal standing or precedent to detain people under the argument “they might like it”, but I suppose they could try it in court
- duxup 4y agoIt’s an interesting approach. Can you argue that being in jail really is a no different than typical fetus life? I don’t know…