Fetal Homicide in Florida - Research Paper Example

Running Head: Fetal Homicide Fetal Homicide Fetal Homicide in Florida a. The unlawful killing of the unborn babies or abortion is the public policy rationale behind making fetal homicide a separate crime. Abortion is opposed to the civil and reproductive rights and that is why fetal homicide has been categorized as manslaughter, the same as the killing of the mother. b. The fetal homicide laws in Florida have been reconciled into the definition of personhood for the purposes of abortion laws.

For example, the law defines the death of a viable fetus as the death of unborn child and any fetus killed by a violent act against the pregnant woman is termed as manslaughter. Each person has the right to life and so is the fetus or the unborn child. The fetal homicide laws recognize all stages of the fetus as being victims of abortion and any abortion is termed as fetal homicide. The fetus is recognized as a developing human being from conception to birth (Steinbock, 2011). The killing of any unborn child has also been categorized as manslaughter in the fetal homicide laws just the same as the killing of the mother. c. Three standards are used in determining whether a fetus is a person.

Born-alive standard is when the fetus is born alive, the viability standard is used when a fetus is capable of having a meaningful life outside the womb and the conceptions standard is that life begins at conception and that any conceived fetus qualifies to be a person (Schroedel, 2000). Under common law, a child is only considered as a person once it is delivered alive. However, life begins at conception and should any fetus should be considered a person. Death is the failure of the fetus to be born alive.

The conception standard should be used in the modern statutes as this will prevent any abortion or homicide on unborn of the unborn child. Any unborn child should be left to grow in the mothers womb until it matures not unless there any medical conditions. d. Copy of fetal homicide statute found in http://www.nrlc.org/Unborn_Victims/Statehomicidelaws092302.html References Schroedel J.R., (2000). Is the Fetus a Person?: A Comparison of Policies Across the Fifty States. Cornell University Press Steinbock B, (2011).

Life Before Birth: The Moral and Legal Status of Embryos and Fetuses, Second Edition. Oxford University Press