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Abandonment and Reconciliation: Addressing Political and Common Law Objections to Fetal Homicide Laws

By Alliance Alert

Duke Law Journal: "This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide."

Full post as published by Constitutionally Correct on April 13, 2009 (boomark / email).