Pre-natal injury, homocide and the draft criminal code

Temkin, Jennifer (1986) Pre-natal injury, homocide and the draft criminal code. Cambridge Law Journal, 45 (3). pp. 414-429. ISSN 0008-1973

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Abstract

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.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Jennifer Temkin
Date Deposited: 06 Feb 2012 19:06
Last Modified: 31 Jul 2012 11:21
URI: http://sro.sussex.ac.uk/id/eprint/19288
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