Alabama v. Jones was a U.S. legal case that took place in the state of Alabama. The case is notable as the first attempt, at least in the state, to charge a pregnant woman for suffering a miscarriage.[1][2][3][4] The case was of special interest to feminist groups and reproductive rights groups.[5][6][7][8][9][10] A grand jury charged her with manslaughter but the prosecutors ultimately dismissed the case.[11]
Background edit
Marshae Doricia Jones[12][13] (born 1990) was five months pregnant when, on December 4, 2018, she became involved in a physical altercation with Ebony Jemison, then a co-worker, outside of a Dollar General in Pleasant Grove, Alabama.[14][2][3] At some point during the altercation, Jemison, stating that she felt threatened by Jones, fired a single gunshot at Jones while Jemison sat in her vehicle. The bullet struck Jones in the abdomen, causing a miscarriage. Initially, Jemison was charged with manslaughter; but then a grand jury failed to indict her based on the state's stand-your-ground law.[15][16][17][18][19] Authorities subsequently charged Jones with manslaughter, saying the fetus was the only victim of the situation and that Jones had knowingly endangered her pregnancy. Ultimately they chose not to bring the case to trial.[11]
The larger background to the case is unclear. The Journal of Health Politics, Policy, and Law reported in 2013 that there have been "at least 413 people were arrested, detained, or forced to undergo medical interventions they didn't want, in the name of protecting the health of their fetuses".[20]
Judicial history edit
Marshae Jones and Ebony Jamison engaged in a fight outside of a Dollar General Store in Pleasant Grove on December 4, 2018, when Jones was five months pregnant. Reportedly, the fight was about the man who had impregnated Jones.[7] Having been shot in the abdomen, Jones was taken to a hospital, where the fetus was declared nonviable before police officers arrived.[1]
Six months later, Jones was taken into police custody on June 26, 2019, after being indicted in Jefferson County on a manslaughter charge for the death of her fetus that occurred because of the December 2018 fight.[2] This indictment was made after police argued to a grand jury that Jones deserved to be blamed for the shooting and for not removing herself from the situation. They alleged that Jones had initiated and pressed the fight and that the fetus was the real victim, having no choice about being in the fight and relying on Jones for protection.[2] The indictment stated that Jones "intentionally" caused the death of "Unborn Baby Jones by initiating a fight knowing she was five months pregnant", however, the office of District Attorney Lynneice O. Washington released a statement that it had not yet decided on whether to pursue the case, as the district attorney was out of the country at the time.[7]
On July 1, 2019, it was reported that Jones' lawyers, J. Mark White, Augusta S. Dowd, Linda G. Flippo, Hope S. Marshall, and Curtis H. Seal, had filed for a motion to dismiss, on grounds that Alabama's legal statute for manslaughter contains language that forbids the prosecution of a woman in regard to her pregnancy.[13]
On July 3, 2019, it was announced by the office of Alabama District Attorney that they would not prosecute the case. Jefferson County District Attorney Washington released a statement that stated she felt it was "not in the best interest of justice to pursue prosecution of Ms. Jones" and that she was "dismissing this case and no further legal action will be taken against Ms. Jones in this matter."[11][21]
Response to the case edit
Alabama Reproductive Rights Advocates released a statement that it was working with Jones to get her released on bail and to find her legal representation.[7]
The president of the National Organization for Women and the executive director of the National Advocates for Pregnant Women voiced their support for Jones and brought up arguments about the rights of pregnant women, as well as Alabama's abortion laws.[6]
References edit
- ^ a b "Mum charged with manslaughter when she had miscarriage after being shot". Metro. 2019-06-27. Retrieved 2019-06-29.
- ^ a b c d Lockhart, P. R. (2019-06-27). "A shooting ended Marshae Jones's pregnancy. Police say it's her fault". Vox. Retrieved 2019-06-29.
- ^ a b Pollitt, Katha (2019-06-28). "Marshae Jones Is Proof Pro-Lifers Don't Care About Life". ISSN 0027-8378. Retrieved 2019-06-29.
- ^ "Woman Indicted For Manslaughter After Death Of Her Fetus, May Avoid Prosecution". NPR.org. Retrieved 2019-06-29.
- ^ Mervosh, Sarah (2019-06-27). "Alabama Woman Who Was Shot While Pregnant Is Charged in Fetus's Death". The New York Times. ISSN 0362-4331. Retrieved 2019-06-29.
- ^ a b "Alabama woman is charged in fetus' death after she was shot. But she may not be prosecuted". NBC News. Retrieved 2019-06-29.
- ^ a b c d "Alabama officials 'undecided' on whether to prosecute woman who lost baby after being shot in stomach". The Independent. 2019-06-28. Archived from the original on 2019-06-29. Retrieved 2019-06-29.
- ^ Bryant, Miranda (2019-06-27). "Alabama: pregnant woman shot in stomach is charged in fetus's death". The Guardian. ISSN 0261-3077. Retrieved 2019-06-29.
- ^ Holly Yan and Madeline Holcombe. "A pregnant woman shot in the stomach is indicted in her unborn child's death". CNN. Retrieved 2019-06-29.
- ^ "Shot pregnant woman charged over unborn baby death". 2019-06-28. Retrieved 2019-06-29.
- ^ a b c Stockman, Farah (2019-07-03). "Manslaughter Charge Dropped Against Alabama Woman Who Was Shot While Pregnant". New York Times. Retrieved 2021-11-19.
- ^ "Alabama Woman Charged in Death of Her Unborn Child After Being Shot". The North Star. 2019-06-28. Retrieved 2019-07-01.
- ^ a b "Marshae Jones Motion to Dismiss | Manslaughter | Murder". Scribd. Retrieved 2019-07-01.
- ^ Dickson, E. J. (2019-06-27). "Alabama Pregnant Woman Shot in Stomach, Charged With Manslaughter". Rolling Stone. Retrieved 2019-06-29.
- ^ Villarreal, Mireya (June 27, 2019). "Pregnant woman shot in stomach indicted over unborn baby's death". www.cbsnews.com. Retrieved 2019-06-29.
- ^ "A Pregnant Woman Was Shot, Then Charged For Her Fetus's Death. The Woman Who Shot Her Says "Sorry."". BuzzFeed News. Retrieved 2019-06-29.
- ^ Hrynkiw, Ivana (2019-06-28). "Charges in Marshae Jones case explained". al.com. Retrieved 2019-06-29.
- ^ Derysh, Igor (2019-06-27). "Marshae Jones: 5 Fast Facts You Need to Know". Heavy.com. Retrieved 2019-06-29.
- ^ "Alabama woman faces manslaughter charge for losing pregnancy". ABC News. Retrieved 2019-06-29.
- ^ Flavin, Jeanne; Paltrow, Lynn M. (Apr 1, 2013). "Arrests of and Forced Interventions on Pregnant Women in the United States, 1973–2005: Implications for Women's Legal Status and Public Health". Journal of Health Politics, Policy and Law. 38 (2): 299–343. doi:10.1215/03616878-1966324. Retrieved Aug 5, 2019 – via read.dukeupress.edu.
- ^ Lockhart, P. R. (2019-07-03). "The Alabama woman indicted after a miscarriage will not be prosecuted". Vox. Retrieved 2019-07-04.