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      Book

      The Mother of All Crimes
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      Book

      The Mother of All Crimes

      DOI link for The Mother of All Crimes

      The Mother of All Crimes book

      Human Rights, Criminalization and the Child Born Alive

      The Mother of All Crimes

      DOI link for The Mother of All Crimes

      The Mother of All Crimes book

      Human Rights, Criminalization and the Child Born Alive
      ByEmma Cave
      Edition 1st Edition
      First Published 2004
      eBook Published 22 December 2017
      Pub. Location London
      Imprint Routledge
      DOI https://doi.org/10.4324/9781351146005
      Pages 171
      eBook ISBN 9781351146005
      Subjects Law
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      Cave, E. (2004). The Mother of All Crimes: Human Rights, Criminalization and the Child Born Alive (1st ed.). Routledge. https://doi.org/10.4324/9781351146005

      ABSTRACT

      This book considers the appropriate response of the criminal law with regard to women whose acts or omissions in pregnancy cause the death or injury of the child born alive. It compares recent developments in English law in the light of the Human Rights Act 1998, with those in America, which has seen an enormous growth in litigation over the last two decades. In England and Wales, the 'born alive rule' is currently applied only to third parties who injure the fetus, which is later born alive and dies as a result of these injuries. In some American states, a rule of similar origins has been extended so as to criminalize recent mothers whose acts or omissions in pregnancy caused injury or death to the resulting child. The author examines the implications of the laws in both systems, and also looks at the rights of the mother and child in relation to the obligations of the state to protect both of them.

      TABLE OF CONTENTS

      chapter |10 pages

      Introduction

      chapter 1|11 pages

      The Status of the Fetus

      chapter 2|19 pages

      The State Interest in Protecting the Pregnant Woman and the Significance of Autonomy

      chapter 3|13 pages

      Criminalization of Pregnant Women and Mothers in the USA

      chapter 4|30 pages

      Crimes Against the Fetus Born Alive in England and Wales

      chapter 5|29 pages

      Criticism of the United States’ Extensions of the Law

      chapter 6|18 pages

      Alternatives to Extended Criminalization

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