They don't think like us.

By Shannon

In many states the law works like this: 

A pregnant woman and her husband decide they don’t want their baby so they agree that he will punch her stomach and kick her stomach.  The baby dies.  The father is guilty of Murder.  The mother is guilty of nothing.

A pregnant mother drinks alcohol, gets behind the wheel, crashes into a tree, the baby dies and the mother lives.  The mother is guilty of drunk driving, but is not guilty of anything regarding the dead baby inside of her.  However, if you drink, get behind the wheel, crash into that pregnant mother, and kill the baby inside of her and she lives, you are guilty of Intoxication Manslaughter.

I once had a defendant who, while on probation for possession of illegal drugs, gave birth to her fourth premature stillborn child.  We suspected that illegal drugs killed all four babies.  We had blood work to prove it killed the last two.  The mother was guilty of nothing.  If the children had lived and been born drug-addicted, she still would have been "not guilty."

I figured the lack of maternal accountability was due to the pro-choice lobbyists.  I was surprised to find that many states don’t have any provisions to punish pregnant mothers because of the pro-lifers.  Their argument goes like this:  If you hold mothers accountable for anything then they will be more likely to have an abortion.

I have news for you.  Criminals don’t think like us. 

Pic from www.abcnewsradioonline.com

It would not occur to most of them to get an abortion to hide a crime.  Most of them are too irresponsible to think that far ahead.  They don’t consider consequences.  If the pro-lifers asked prosecutors then they might have some idea of what they are allowing mothers to get away with and they might better meet their goal of protecting babies.  They don’t ask.

Last night I was watching Harry’s Law on NBC which I highly recommend.  Harry, who is a new criminal lawyer played by Kathy Bates, was attempting to mediate between two warring gangs.  One gangster asked Harry to help him get out of a gang without getting killed.  She told the leaders that she would hunt down “like a mad dog” anyone who killed anyone who wanted to get out of a gang.  In the final scene she’s called to the hospital because the kid who asked for her help has been very badly beaten.  He’s thanking her for helping him and she’s apologizing to him for getting him beaten up.  He finally says, “You really don’t get it, do you?  I owe you my life.”  Tearfully she answers, “No, I really don’t get it.”

Exactly.  They don’t think like us, but after awhile criminal lawyers learn to think like them.

I’m working a 17 year old cold-case murder in which one of the bad guys told all his criminal buddies that he’d committed this murder.  None of them reported it.  I said to my boss, “I know I don’t have the same frame of reference, but I really cannot imagine not reporting a murder!”  His response?

“I know, but they don’t think like us.”

My request:  When legislation is proposed regarding criminal penalties, call your District Attorney’s office.  I promise that if you ask them for help to understand the pros and cons of the proposed law, they will be:

1.)  excited that you are researching the issue,

2.)  flattered that you called them, and

3.)  very willing to discuss the matter with you. 

Too often a law or the lack of a law or a law that requires a very high mandatory minimum prison sentence sounds great to the public but has the effect of greatly hamstringing your public servants.