Constitutional Law, Criminal law, Politics

State of Indiana v. Bei Bei Shuai

-Submitted by David Drumm (Nal), Guest Blogger

On December 23, 2010, Bei Bei Shuai, a 34 year old pregnant woman who was suffering from depression, attempted suicide, which in Indiana is not a crime. Friends found her in time and persuaded her to go to the hospital and get help. Six days later, the baby was delivered, prematurely, by cesarean section and four days after that the newborn girl died.

On March 14, 2011, the State of Indiana arrested Shuai, jailed her, and charged her with murder and attempted feticide.

This case raises serious concerns about violations of the Equal Protection Clause of the Fourteenth Amendment. Had Shuai not been pregnant, she would not have been charged with any crime. Do pregnant women have the same rights as non-pregnant women?

If this case is allowed to stand, any pregnant woman who puts her own life or heath at risk, can be criminally prosecuted. A pregnant woman with a pre-existing medical condition, that poses a threat to her health during pregnancy, could be charged with murder if she miscarries or attempted feticide if she carries to term. A pregnant woman with a dangerous job also subjects her fetus to the same danger she faces.

There have been numerous cases wherein states have tried to use child abuse laws and child endangerment laws to prosecute women who had substance abuse problems during their pregnancy. These cases have been dismissed. These cases waste precious taxpayer monies, however, they do garner a lot of publicity for the prosecuting attorneys.

Ambitious prosecutors are using these kind of cases to further their political careers, at the expense of the women they target.

H/T: ACLU, Amicus Brief (pdf).

48 thoughts on “State of Indiana v. Bei Bei Shuai”

  4. W=c,

    That was one of the funniest things I’ve read in days.

  7. But these images do not reveal WHY the depression has occurred.~Elaine M.
    —————————————————————-
    the article on vice.com said she had been dumped by her boyfriend. What a prince….just before the baby was due….that would be enough for my chemistry to get good and depressed….

    there is a category of depression called ‘reactive depression’ which often occurs after a loss. In this case a loss coupled with the fear of bringing a child into the world alone no doubt…

  8. Elaine M.,

    I will affirm the fact that Depression whether biological, organic or otherwise is not pretty. I know all too well the affects and effects of the silent and deadly killer…..Thank you….

  9. Author William Styron suffered with depression during a dark a period of his life.
    **********

    Darkness Visible
    Virginia Woolf, Ernest Hemingway, Hart Crane, Sylvia Plath, Yukio Mishima, Primo Levi—in 1986, William Styron almost joined the long list of writers who have committed suicide. He spiraled down into a long and frightening bout with what is commonly known as depression. Now he has chosen to write a searing account of his journey through darkness back to the light.
    by William Styron
    December 1989
    http://www.vanityfair.com/magazine/archive/1989/12/styron198912

    Excerpt:

    For the thing which
    I greatly feared is come upon me,
    and that which I was afraid of
    Is come into me.
    I was not in safety, neither
    had I rest, neither was I quiet;
    Yet trouble came. —Job

    My annoyance over all this was so intense that I was prompted to write a short piece for the op-ed page of the Times. The argument I put forth was fairly straightforward: the pain of severe depression is quite unimaginable to those who have not suffered it, and it kills in many instances because its anguish can no longer be bourne. The prevention of many suicides will continue to be hindered until there is a general awareness of the nature of this pain. Through the healing process of time—and through medical intervention or hospitalization in many cases—most people survive depression, which may be its only blessing; but to the tragic legion who are compelled to destroy themselves there should be no more reproof attached than to the victims of terminal cancer.

  10. James M,

    Part 2

    Chemicals and hormones

    Brain chemistry appears to be a significant factor in depressive disorders. Modern brain-imaging technologies, such as magnetic resonance imaging (MRI), have shown that the brains of people suffering from depression look different than those of people without depression. The parts of the brain responsible for regulating mood, thinking, sleep, appetite and behavior don’t appear to be functioning normally. In addition, important neurotransmitters-chemicals that brain cells use to communicate-appear to be out of balance. But these images do not reveal WHY the depression has occurred.

    Scientists are also studying the influence of female hormones, which change throughout life. Researchers have shown that hormones directly affect the brain chemistry that controls emotions and mood. Specific times during a woman’s life are of particular interest, including puberty; the times before menstrual periods; before, during, and just after pregnancy (postpartum); and just prior to and during menopause (perimenopause).

    http://www.nimh.nih.gov/health/publications/women-and-depression-discovering-hope/what-causes-depression-in-women.shtml

  11. James M,

    According to what I read at the ACLU link, Bei Bei Shuai was suffering from a major depressive disorder. Maybe the prosecutor should have spent a little more time finding out about depression–and shouldn’t have been so quick to arrest, jail her, and charge her with murder. Too few people in this country understand depression or have sympathy for those who suffer with depression.

    Two people who are dear to me–one a friend and one a relative–suffered/have suffered serious bouts of depression. My relative attempted suicide. My friend, who was once a vibrant and outgoing person, never leaves her house now and rarely gets out of bed.

    **********

    Part 1

    From the National Institute of health:

    Major depressive disorder, also called major depression, is characterized by a combination of symptoms that interfere with a person’s ability to work, sleep, study, eat, and enjoy once-pleasurable activities. Major depression is disabling and prevents a person from functioning normally. An episode of major depression may occur only once in a person’s lifetime, but more often, it recurs throughout a person’s life.

    http://www.nimh.nih.gov/health/publications/women-and-depression-discovering-hope/what-are-the-different-forms-of-depression.shtml

    **********

    Women with depressive illnesses do not all experience the same symptoms. In addition, the severity and frequency of symptoms, and how long they last, will vary depending on the individual and her particular illness. Signs and symptoms of depression include:
    • Persistent sad, anxious or “empty” feelings
    • Feelings of hopelessness and/or pessimism
    • Irritability, restlessness, anxiety
    • Feelings of guilt, worthlessness and/or helplessness
    • Loss of interest in activities or hobbies once pleasurable, including sex
    • Fatigue and decreased energy
    • Difficulty concentrating, remembering details and making decisions
    • Insomnia, waking up during the night, or excessive sleeping
    • Overeating, or appetite loss
    • Thoughts of suicide, suicide attempts
    • Persistent aches or pains, headaches, cramps or digestive problems that do not ease even with treatment

    http://www.nimh.nih.gov/health/publications/women-and-depression-discovering-hope/what-are-the-basic-signs-and-symptoms-of-depression.shtml

  12. “Like I say you have to be mentally disturbed or demon possessed to be a prosecutor fundamentalist homophobic bigoted racist troll.”

    There.

    That’s better.

  13. Like I say you have to be mentally disturbed or demon possessed to be a prosecutor.

  14. One interesting twist would be if the woman had no history of depression and could show that the pregnancy itself had changed her hormones so that she was suicidal. It wouldn’t work as an estoppel argument, but I bet you could get a lot of juror sympathy.

  15. Although there are obvious differences, I’d analogize it to the way you can’t kill yourself by driving into oncoming traffic—if you survive, you’re going to be criminally charged.

  16. I guess I fail to see how this is a misogynist conspiracy. If you accept the premise that the State has a valid right to protect a fetus’s life after the point at which it is viable, this kind of charge logically follows. The fact that she was depressed is not a legal defense.

    As I said above, the murder charge is extremely over-the-top, but I’m fine with the State saying “if you get pregnant, you can’t kill yourself during the last two months of your pregnancy.”

  17. rafflaw 1, April 2, 2011 at 12:11 pm

    Woosty,
    I like the rent idea! Who pays the rent? The Biological father or the State since they want it to stay in residence there?!
    ——————————————
    actually rafflaw I was being sarcastic….and trying to act and look like as big an asshole as the misogynistic corps that’s currently trying to pass these laws. In actuality, like much of what they are trying to do…it would only create more devastation and a lot of ‘low rent’ districts…..because those in current power (and those who would commit rape…or trickery…)have already shown thier stripes and they don’t value or respect women or womens’ bodies. They live in a sea of want and will do anything to fill thier ugly black holes…

  18. Woosty: Scary video. See also: It Can’t Happen Here by Sinclair Lewis. We are so trapped in our own national myths that the unthinkable has become unbelievable.

  19. catch22oy, It depends on the political affiliation of the females. I would not want to see Bachmann as a prosecutor.

  20. Raff, Would an increase in female politicians make a difference? Sounds reasonable, but I don’t know if that is true. Somewhere there must be a study of the voting records of female v. male legislators. Likewise, prosecutorial decisions.

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