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:
“Miniver Cheevy, born too late,
Scratched his head and kept on thinking;
Miniver coughed, and called it fate,
And kept on drinking.”
—Edwin Arlington Robinson (1869–1935)
“I wouldn’t pray just for a old man that’s dead because he’s all right. If I was to pray, I’d pray for the folks that’s alive and don’t know which way to turn. Grampa here, he ain’t got no more trouble like that. He’s got his job all cut out for him. So cover him up and let him get to it.”
—Nunnally Johnson (1897–1977)
“Rules and particular inferences alike are justified by being brought into agreement with each other. A rule is amended if it yields an inference we are unwilling to accept; an inference is rejected if it violates a rule we are unwilling to amend. The process of justification is the delicate one of making mutual adjustments between rules and accepted inferences; and in the agreement achieved lies the only justification needed for either.”
—Nelson Goodman (b. 1906)