TY - JOUR
T1 - Fetal homicide
T2 - Emerging statutory and judicial regulation of third-party assaults against the fetus
AU - Maahs, Jeff
PY - 2003/12/1
Y1 - 2003/12/1
N2 - Under common law, a crime resulting in the death of a fetus that was viable but not "born alive" was viewed as a transgression less serious than murder. Accordingly, courts did not allow parents to bring wrongful death suits for the death of a fetus. In the past decade, however, several states have amended their criminal or civil statutes to include the specific crime of "feticide" or "fetal homicide," and the Federal government is considering similar legislation. This paper examines the history and current status of criminal and civil law regarding the third-party killing of a fetus.
AB - Under common law, a crime resulting in the death of a fetus that was viable but not "born alive" was viewed as a transgression less serious than murder. Accordingly, courts did not allow parents to bring wrongful death suits for the death of a fetus. In the past decade, however, several states have amended their criminal or civil statutes to include the specific crime of "feticide" or "fetal homicide," and the Federal government is considering similar legislation. This paper examines the history and current status of criminal and civil law regarding the third-party killing of a fetus.
KW - Fetal homicide
KW - Fetal rights
KW - Feticide
KW - Wrongful death
UR - http://www.scopus.com/inward/record.url?scp=3042762924&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=3042762924&partnerID=8YFLogxK
U2 - 10.1300/J146v08n03_01
DO - 10.1300/J146v08n03_01
M3 - Review article
AN - SCOPUS:3042762924
SN - 1092-6771
VL - 8
SP - 205
EP - 231
JO - Journal of Aggression, Maltreatment and Trauma
JF - Journal of Aggression, Maltreatment and Trauma
IS - 3
ER -
