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:

    “It was easy to recognize in him the anti-social animus of a born evangelist, but there was also something else—a kind of voluptuous delight in the shabby and preposterous, a perverted aestheticism like that of a latter-day movie or radio fan, a wild will to roll in and snuffle balderdash as a cat rolls in and snuffles catnip.”
    —H.L. (Henry Lewis)

    “For man, the vast marvel is to be alive. For man, as for flower and beast and bird, the supreme triumph is to be most vividly, most perfectly alive. Whatever the unborn may know, they cannot know the beauty, the marvel of being alive in the flesh. The dead may look after the afterwards. But the magnificent here and now of life in the flesh is ours, and ours alone, and ours only for a time.”
    —D.H. (David Herbert)

    “The only rule is, do what you really, impulsively, wish to do. But always act on your own responsibility, sincerely. And have the courage of your own strong emotion.”
    —D.H. (David Herbert)