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:

    Yeah, if it hadn’t been for me everybody’d be a lot better off—my wife and my kids and my friends.... I wish I’d never been born. I suppose it’d been better if I’d never been born at all.
    Frances Goodrich (1891–1984)

    If Jesus, or his likeness, should now visit the earth, what church of the many which now go by his name would he enter? Or, if tempted by curiosity, he should incline to look into all, which do you think would not shut the door in his face?... It seems to me ... that as one who loved peace, taught industry, equality, union, and love, one towards another, Jesus were he alive at this day, would recommend you to come out of your churches of faith, and to gather into schools of knowledge.
    Frances Wright (1795–1852)

    When any practice has become the fixed rule of the society in which we live, it is always wise to adhere to that rule, unless it call upon us to do something that is actually wrong. One should not offend the prejudices of the world, even if one is quite sure that they are prejudices.
    Anthony Trollope (1815–1882)