ISBN-10:
0754623661
ISBN-13:
9780754623663
Pub. Date:
06/01/2004
Publisher:
Taylor & Francis
The Mother of All Crimes: Human Rights, Criminalization, and the Child Born Alive

The Mother of All Crimes: Human Rights, Criminalization, and the Child Born Alive

by Emma Cave

Hardcover

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Product Details

ISBN-13: 9780754623663
Publisher: Taylor & Francis
Publication date: 06/01/2004
Edition description: 1
Pages: 172
Product dimensions: 5.90(w) x 9.30(h) x 0.40(d)

Table of Contents

Acknowledgmentsvii
Introduction1
Harmful Acts and Omissions of the Pregnant Woman3
Intake of (Currently) Legal Substances by Pregnant Women3
Intake of Illegal Substances by Pregnant Women6
Four Possible Crimes under the 'Born Alive Rule'7
1The Status of the Fetus11
The Importance of Autonomy12
The Status of the Fetus13
The Argument of Potential for Life14
'Humanness'17
2The State Interest in Protecting the Pregnant Woman and the Significance of Autonomy22
Autonomy23
The 'Negative Theory'23
The 'Positive Theory'24
Gerald Dworkin: Procedural, Not Substantive Autonomy26
What is the Value of Autonomy?28
Why Might the Pregnant Woman's Autonomy be Overridden?28
Feminist Perspectives on Autonomy30
Factors Opposed to Autonomy32
The Burden of Responsibility32
Coercion and the Prevention of Harm33
Conclusion36
3Criminalization of Pregnant Women and Mothers in the USA41
Four Extensions of the 'Born Alive Rule' (and an Alternative)43
Category 1A Third Party Injures a Fetus Which is Born Alive and Dies as a Direct Result of the Injury44
Category 2A Woman Whilst Pregnant Harms the Fetus Which is Later Born Alive and Dies as a Direct Result of the Injury44
Category 3A Third Party or Woman Whilst Pregnant Causes Injury to a Child Born Alive44
Category 4A Third Party or Woman Whilst Pregnant Causes the Death or Injury of a Fetus Which, for the Purposes of the State Law, is Defined as a Person47
A Fifth Category: Legislate to Override the Common Law Born Alive Rule48
Conclusion49
4Crimes Against the Fetus Born Alive in England and Wales54
The Attorney-General's Reference (No. 3 of 1994): The Court of Appeal Decision56
Murder or Manslaughter? The Attorney-General's Reference (No. 3 of 1994) in the House of Lords59
English Civil Law Approaches62
Medical Consent63
Court-authorized Caesarean Sections64
Re D71
Conclusion72
5Criticism of the United States' Extensions of the Law84
Criminal Justice Theory84
The Elements of Crime88
Mens Rea89
Causation90
Human Rights Issues92
Vagueness93
Discrimination94
Liberty, Privacy and Autonomy96
Conclusion102
6Alternatives to Extended Criminalization113
Education114
Treatment117
Voluntary Treatment117
Mandated Treatment121
Conclusion124
Bibliography131
Index158

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