Born Alive Rule

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:

    In every society some men are born to rule, and some to advise.
    Ralph Waldo Emerson (1803–1882)

    The businessman who assumes that his life is everything, and the mystic who asserts that it is nothing, fail, on this side and on that, to hit the truth.... No; truth, being alive ... was only to be found by continuous excursions into either realm, and though proportion is the final secret, to espouse it at the outset is to ensure sterility.
    —E.M. (Edward Morgan)

    As an example to others, and not that I care for moderation myself, it has always been my rule never to smoke when asleep, and never to refrain from smoking when awake.
    Mark Twain [Samuel Langhorne Clemens] (1835–1910)