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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 Temkin
If 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 Journal

ISSN

0008-1973

Publisher

Cambridge University Press

Issue

3

Volume

45

Page range

414-429

Pages

16.0

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2012-02-06

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