In regard to the Jessie Davis abduction and murder, the suspect is being charged with two counts of murder; one for the woman and one for the unborn child.
How does the court system differentiate between abortion and murder of an unborn child? I'd really like to know how the courts have ruled on these cases previously. I'm just curious of the legal aspects and logic of the decisions that have been made.
In this case, the legal distinction is that Ohio law calls it murder if the unborn fetus is sufficiently developed to be able to survive outside the womb. Jesse Davis was due in about a week or two, so the fetus was sufficiently developed to meet that definition.
Other states have different definitions under their laws.