Born Alive Rule
The "born alive" rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is "born alive". U.S. courts have overturned this rule, citing recent advances in science and medicine; and in several states, feticide statutes have been explicitly framed or amended to include fetuses in utero. Abortion in Canada is still governed by the born alive rule, as courts continue to hold to its foundational principles. In 1996 the Law Lords confirmed the rule applied in English law but that alternative charges existed in lieu, such as a charge of unlawful or negligent manslaughter instead of murder.
Read more about Born Alive Rule: History, Current State of The Law
Famous quotes containing the words born, alive and/or rule:
“Was I not born in this Realm? Were my parents born in any foreign country?... Is not my Kingdom here? Whom have I oppressed? Whom have I enriched to other’s harm? What turmoil have I made to this Commonwealth that I should be suspected to have no regard of the same?”
—Elizabeth I (1533–1603)
“The child thinks of growing old as an almost obscene calamity, which for some mysterious reason will never happen to itself. All who have passed the age of thirty are joyless grotesques, endlessly fussing about things of no importance and staying alive without, so far as the child can see, having anything to live for. Only child life is real life.”
—George Orwell (1903–1950)
“Your favor containing the question, as to whether I consider myself a “new woman” is before me. As a rule I do not consider myself at all. I am, and always have been a progressive woman, and while never directly attacking the conventionalities of society, have always done, or attempted to do those things which I have considered conducive to my health, convenience or emolument ...”
—Belva Lockwood (1830–1917)