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:

    Man weeps to think that he will die so soon; woman, that she was born so long ago.
    —H.L. (Henry Lewis)

    Eddie Felson: Church of the Good Hustler.
    Charlie: Looks more like a morgue to me. Those tables are the slabs they lay the stiffs on.
    Eddie Felson: I’ll be alive when I get out, Charlie.
    Sydney Carroll, U.S. screenwriter, and Robert Rossen. Eddie Felson (Paul Newman)

    In a country where misery and want were the foundation of the social structure, famine was periodic, death from starvation common, disease pervasive, thievery normal, and graft and corruption taken for granted, the elimination of these conditions in Communist China is so striking that negative aspects of the new rule fade in relative importance.
    Barbara Tuchman (1912–1989)