Then everyone convicted of homicide for killing one should have those convictions overturned right? Since it is impossible for someone to commit Homicide if what they are committing homicide on is not a person... All those that have kicked a woman in the belly and killed a fetus, All those that have killed a woman carrying a fetus should have the homicide convictions overturned and retried for assault only in the killing of the fetus...<quoted text>
Prior to about 26 weeks a baby cannot feel pain and has no awareness yet. It is not a person, in any reasonable sense of the word. It is alive, of course. But not a person yet.
Scott Peterson was given the death penalty because he was convicted of a Double Homicide... If he had only murdered one Person he would have gotten 20 to life...
But beyond that Your view is simply Opinion and is not a legal status.. Legal Status is provided by individual State Laws covering Homicide and in many states a Fetus is Absolutely Legally considered a Person... Some states specifically state it in those exact words.. Some state is as a Homo sapiens
Ala. Code § 13A-6-1 (2006) defines "person," for the purpose of criminal homicide or assaults, to include an unborn child in utero at any stage of development, regardless of viability and specifies that nothing in the act shall make it a crime to perform or obtain an abortion that is otherwise legal.
Ohio Rev. Code Ann.§ 2903.01 et seq.(2002) define aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, aggravated vehicular homicide, aggravated vehicular assault, felonious assault, aggravated assault, assault and negligent assault. The law applies to a person, which includes an "unborn member of the species Homo sapiens, who is or was carried in the womb of another."
W. Va. Code § 61-2-30 recognizes an embryo or fetus as a distinct unborn victim of certain crimes of violence against a person, including homicide and manslaughter.
And so forth....