Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: celtic gal; antivenom
"....................that is a good one..how can the baby be murdered if it was never born alive?"

Here's how.

..................................California's is a comparatively tough fetal homicide law. About half the nation's states have such provisions, but many only cover viable fetuses. The California Penal Code describes murder as "the unlawful killing of a human being, with malice aforethought." A 1970 state Supreme Court decision, however, held that a Stockton man who had killed a fetus carried by his estranged wife couldn't be prosecuted for murder because the Legislature had probably meant the phrase "human being" to mean someone who had been born alive.

In response to that ruling, the Legislature amended the murder statute to its current form, which describes the crime as "the unlawful killing of a human being, or a fetus, with malice aforethought." The amended statute includes an exception for abortions. The Legislature at the time could have limited the term "fetus" to mean "viable fetus," but specifically rejected a proposed amendment requiring the fetus be at least 20 weeks in gestation before the statute would apply. And in a 1994 case, the state Supreme Court held that viability is not a concern in fetal murder cases, and that prosecutors can pursue such a case "as long as the state can show that the fetus has progressed beyond the embryonic stage of seven to eight weeks.".........................................................................

For the rest of the article, go here.
California has a tough fetal murder law

62 posted on 06/07/2003 12:21:22 PM PDT by Spunky (This little tag just keeps following me where ever I go.)
[ Post Reply | Private Reply | To 40 | View Replies ]


To: Spunky
thank you for the full explaination. It will help us all in the discussion.
104 posted on 06/07/2003 3:38:48 PM PDT by celtic gal (just a little idea worth a blink or two)
[ Post Reply | Private Reply | To 62 | View Replies ]

To: Spunky
Thank you very much...not only am I day older, but a tad wiser. Thanks again for the info...FReepers are the smartest group of people on the internet because we discuss and share info.
192 posted on 06/08/2003 5:09:15 AM PDT by antivenom (Your momma SO fat, she whistles bass...She so fat, her dress size has an exponent...)
[ Post Reply | Private Reply | To 62 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson