gitana1
Verified Attorney
- Joined
- May 31, 2005
- Messages
- 29,381
- Reaction score
- 229,910
I agree again. I think there was some element of denial but not to the degree that she didn't realize she was pregnant or that there would be a baby. I think her denial was more about timing, like that she thought she had more time to figure out what to do, and perhaps that she is used to exerting terrible control over her own body and thought she could continue to do that in this case.
I also think her understanding of what her actual options were was abnormal and affected by her own pathology and family environment. A reasonable person (even a very young one) may have made other choices even if they did not want the baby and did not believe their parents would accept her. She could have driven with the baby to leave it at a hospital or fire station or any number of places (she had her own car). She could have run away and then returned after the birth. She could have asked the doctor to help her. She could have woken up her parents in the middle of the night, when the obvious emergency situation would probably have overridden their disapproval at least in that moment.
But I don't think she was operating reasonably, because apparently none of these options seemed better to her than giving birth all by herself, possibly killing her baby or allowing it to die, and then leaving it in the backyard grave. Honestly I think the backyard grave (and the return to the same medical practice and even the text to her mother from the gym) are all evidence that she had some level of emotional regret about all this. Again, she had a car and could have put the baby somewhere where nobody would have known it was hers. She did not have to mention a thing about the change in her belly to anyone.
I think the real question at trial is how criminal was her level of unreasonableness, vs. how pathological.
To me the pathology of this whole thing is undeniable. Last paragraph = absolute truth. Also what degree does pathology mitigate crime. To what degree of any does it eliminate or reduce choice.
It's a sad but interesting case. So many ethical issues involved.