History
Prior to enactment of the federal law, the "child in utero" was, as a general rule, not recognized as a victim of federal crimes of violence. Thus, in a federal crime that injured a pregnant woman and killed the "child in utero," no homicide was recognized, in most cases.
One exception was the "born-alive rule," applied in US v. Spencer, 839 F.2d 1341 (9th Cir. 1988), a case in which the child was born alive and died shortly afterwards; therefore there was no doubt that the decedent was once a living person under the law.
The Unborn Victims of Violence Act was first introduced in Congress in 1999 by then-Congressman (later Senator) Lindsey Graham (R-SC). It passed the House of Representatives in 1999 and 2001, but not the Senate. In 2003, the bill was reintroduced in the House as H.R. 1997 by Rep. Melissa Hart of Pennsylvania. It was ultimately co-sponsored by 136 other members of the House before it passed by a vote of 254 in favor to 163 against on February 26, 2004. After several amendments were rejected, it was passed in the Senate by a vote of 61-38 on March 25, 2004. It was signed into law by President Bush on April 1, 2004.
Read more about this topic: Unborn Victims Of Violence Act
Famous quotes containing the word history:
“The only history is a mere question of one’s struggle inside oneself. But that is the joy of it. One need neither discover Americas nor conquer nations, and yet one has as great a work as Columbus or Alexander, to do.”
—D.H. (David Herbert)
“The thing that struck me forcefully was the feeling of great age about the place. Standing on that old parade ground, which is now a cricket field, I could feel the dead generations crowding me. Here was the oldest settlement of freedmen in the Western world, no doubt. Men who had thrown off the bands of slavery by their own courage and ingenuity. The courage and daring of the Maroons strike like a purple beam across the history of Jamaica.”
—Zora Neale Hurston (1891–1960)
“What has history to do with me? Mine is the first and only world! I want to report how I find the world. What others have told me about the world is a very small and incidental part of my experience. I have to judge the world, to measure things.”
—Ludwig Wittgenstein (1889–1951)