Mother, failed suicide, accused murderer, and ethics train wreck engineer.

If there are logical and ethical holes in a law, you can count on a case eventually coming along that will make them obvious and painful. Thus it is that the the case of Bei Bei Shuai, a Chinese immigrant living in Indiana, was concocted by the vengeful Gods of Inconsistency to highlight some of the legal problems in two notorious ethical gray areas, abortion and suicide. I’m not going to even try to solve the mess. It’s hard enough to describe it.

Suicide is illegal in Indiana, but attempted suicide is not. In Indiana, as in most jurisdictions, however, if one’s unsuccessful  suicide kills another by accident, that could be prosecuted as manslaughter, through the doctrine of transferred intent. In the case of Shuai, she drank poison, ostensibly to kill herself. But she also wrote a note saying that she was “taking the baby.” Of course, when a pregnant woman kills herself, that usually suggests that she understands that her act will kill her unborn child as well.  Perhaps she was trying to kill herself and wasn’t considering the baby. Perhaps she was trying to kill the baby, and not herself. Perhaps she was trying to kill both herself and her child.

What happened, however, is that she lived. The baby was born, but died shortly thereafter as a consequence, prosecutors say, of the poison Shuai swallowed. Continue reading →