State v. Ashley
1997 WL 674215, 701 So. 2d 338 (1997)
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Rule of Law:
A pregnant woman cannot be held criminally liable for murder or manslaughter for self-inflicted injuries that result in the death of her fetus after it is born alive, because the legislature has not explicitly abrogated the common law doctrine granting immunity to the woman for such acts.
Facts:
- Kawana Ashley, an unwed teenager, was twenty-five or twenty-six weeks pregnant with her second child.
- Ashley lived with her grandmother, Rosa, who was raising Ashley's first child.
- Rosa had told Ashley that she would not care for another child if Ashley became pregnant again.
- Ashley had not told anyone about her pregnancy.
- On March 27, 1994, Ashley obtained a gun and shot herself.
- Ashley was rushed to the hospital, where she underwent surgery and survived.
- During the surgery, the fetus, which had been struck on the wrist by the bullet, was delivered alive.
- The infant died fifteen days later due to immaturity.
Procedural Posture:
- The State Attorney charged Kawana Ashley in the trial court with alternative counts of murder and manslaughter.
- The trial court granted Ashley's motion to dismiss the murder charge but denied the motion to dismiss the manslaughter charge.
- The State, as appellant, appealed the dismissal of the murder charge to the District Court of Appeal, Second District.
- Ashley, as cross-appellant, appealed the trial court's refusal to dismiss the manslaughter charge.
- The District Court of Appeal affirmed the trial court's order, upholding the manslaughter charge and the dismissal of the murder charge.
- The District Court of Appeal then certified two questions of great public importance to the Supreme Court of Florida for review.
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Issue:
Does a woman's self-inflicted injury during pregnancy, which results in the death of her fetus after it is born alive, subject her to criminal liability for murder or manslaughter under Florida law?
Opinions:
Majority - Per Curiam
No. Under Florida's current statutory scheme, a woman cannot be prosecuted for murder or manslaughter for self-inflicted injuries that result in the death of her born-alive child. The court reasoned that at common law, a pregnant woman was immune from prosecution for acts harming her fetus, as she was considered the victim of the crime of abortion, not a perpetrator. This common law principle was adopted into Florida law and remains in effect unless a statute explicitly and clearly states an intent to change it. The court found that neither Florida's homicide statutes nor its criminal abortion statute contained any language suggesting the legislature intended to abrogate this long-standing immunity. Furthermore, the State's theory of prosecution was flawed, as charging third-degree murder (an unintentional killing) based on the felony of criminal abortion (an intentional act) is an 'oxymoron.' The court concluded that making such a significant change in social policy is a matter for the legislature, not the judiciary.
Concurring - Harding, J.
No. The legislature has not acted to specifically change the common law immunity for pregnant women, and it would be improper for the court to do so. Justice Harding emphasized two points: first, interpreting the statutes to criminalize Ashley's conduct would violate the constitutional prohibition against ex post facto laws, as she had no notice that her actions were criminal at the time she committed them. Second, altering the common law in such a significant way, with its many policy implications, is properly the function of the legislature, not the court. The judiciary should not overstep its bounds simply because it finds the defendant's actions tragic or offensive.
Analysis:
This decision reinforces the principle of statutory construction that common law doctrines remain in full force unless explicitly abrogated by the legislature. It establishes a clear precedent in Florida that a pregnant woman is immune from homicide charges for acts against her own fetus, even if the fetus is born alive and subsequently dies. The ruling firmly places the responsibility on the legislative branch to criminalize such maternal conduct, highlighting judicial restraint in creating new criminal liability through interpretation. This case significantly impacts the legal discourse surrounding fetal rights versus maternal autonomy, effectively preventing prosecutors from using existing homicide or abortion statutes to charge women for prenatal conduct that results in the death of a newborn.
