Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Fetal Homicide
The objective of this study is to answer the question of what is the public policy rationale for making it a separate crime to kill a fetus? This study will additionally answer as to how are fetal homicide laws reconciled with the definition of person-hood for the purpose of abortion laws. There are three standards used to determine whether a fetus is a person for purposes of homicide laws including the born-alive standard, the viability standard and the conceptions standard. Each standard will be explained and which standard should be used in modern statutes. The Defendant was eventually convicted of killing three of the women. Under the common law it is reported that killing a fetus is not held to be homicide since the homicide statutes set out the requirement that a person or human being was killed and failed to include a fetus that was killed. (Gardner and Anderson, 2012, paraphrased)
In the case of People v. Archerd, Supreme Court of California (1970) 3 Cal 3d 615, 91 Ca. Rptr, 397, 477 P.2d 421 it is reported that the Defendant married several
...
I. Statutes on Fetus Homicide
In some states, including Missouri along with 17 other states it is reported that the laws acknowledge a fetus as being alive at the time of conception. (Montaldo, 2014) The case of Keeler v. Superior Court, 470, P.2d 617 (1970) the California Supreme Court ruled that the rule of 'born alive' barred conviction for killing a fetus because the fetus had not been born alive. However, following the decision in Keeler the statutes in California were changed and began to define murder as "the unlawful killing of a human being or a fetus, with malice aforethought." (Gardner and Anderson, 2012, p. 253) The question of the viability of the fetus in order to…
Bibliography
Gardner, TJ and Anderson, TM (2012) Homicide. Chapter 10. Cengage Learning, 2012.
Montaldo, C. (2014) Fetal Homicide: A Question of when do We Become Human. Crime Issues and Controversies. About.com. Retrieved from: http://crime.about.com/od/issues/a/fetalhomicide.htm
When is the Death of a Fetus Homicide? (nd) Center for Homicide Research Retrieved from: http://homicidecenter.org/wp-content/uploads/2013/09/When-is-the-Death-of-a-Fetus-a-Homicide.pdf
Homicide Law is invoked in cases where cause of wrongful death of a human being is being investigated. The accused or defendant is tried under the appropriate sections of the law according to the merits of the case. The death may have taken place as an outcome of inconsiderate, reckless action of the accused or may have been willful, premeditated, intentional planning by the defendant. These mental afflictions and the
While the human newborn may not have intrinsic properties that can support a moral right to life stronger than that of a fetus, the emergence of the human newborn makes it suitable to treat it like it had a stronger life. However, birth is morally significant since it's the mark of the end of one relationship and the commencement of others. On the question of the morality of abortions in rape
Infanticide in Australia Infanticide is the act or practice of killing newborns or infants. It has been committed or performed in every continent and in every level of culture from the poorest hunters and gatherers to the richest and most advanced classes of people and from the time of our ancestors to modern age (Milner 1998). The act or practice has been so rampant that there is enough evidence on record
Ethics abortion. ethics? What abortion? related affect . A breif history abortion. Does abortion fall metaethics, normative ethics, applied ethics? I include Christian, Jewish, Islamic views abortion. Abortion There has always been much controversy regarding the issue of abortion, as while many believe that it would be perfectly normal for people to have access to the practice, other consider that it is wrong and that society would practically accept the killing
Unborn Victims of Violence Act When reading the current news, a law like The Unborn Victims of Violence Act at first makes sense to many people. The whole country watched as a beautiful expectant mother, Laci Peterson, disappeared. The media marked the day her son, who was to be named Conor, would have been born. People were outraged when their bodies were found washed up from San Francisco Bay, and when
......paraphilias & fetishes; (Do not engage in any contact or activity that would be considered inappropriate!) In your reflection discuss: What was the site? To whom did it apply? What were the sexuality issues? Specifics? Include the content & resources found there. https://drmarkgriffiths.wordpress.com/2012/05/29/messing-around-a-beginners-guide-to-salirophilia-and-mysophilia/ Salirophilia is defined as a "parphilic" sexual fetish in which individuals sexual arosal is obtained by basically getting really dirty -- in the literal sense. Individuals will use dirt,