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Pre-natal injury, homocide and the draft criminal code
journal contribution
posted on 2023-06-07, 22:01 authored by Jennifer TemkinIf a baby is born alive only to die some time afterwards from pre-natal injury, for what crime is the perpetrator liable? Coke considered that if the injury was caused after quickening by an attempted abortion or by a violent assault upon a pregnant woman, the answer to this question was murder, even if the defendant did not intend or foresee death or serious injury to a fully-born child. The purpose of this article is to evaluate Coke's rule together with the authority in support of it and to consider whether, if it still exists today, it ought to be incorporated in the proposed Criminal Code.
History
Publication status
- Published
Journal
Cambridge Law JournalISSN
0008-1973Publisher
Cambridge University PressExternal DOI
Issue
3Volume
45Page range
414-429Pages
16.0Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes