Criminal Justice
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I agree with the article that fetal homicide should encompass the violent act of the mother and the unborn child. The laws such as Fetal Protection Act and Unborn Victim of Violence protect the life of unborn child and uphold the sanctity of life. The legislations advocate for the unborn child who does not have the capacity to express their desire to live or not. According to Gardner Anderson (2000), criminal or felonious homicide entails the unlawful reckless, and negligent cause of death of another human being. Hence, the discussion addresses legal components guided by the basic tenets of homicide in general.
I agree with the article because it discourages an old standard of born alive requirement, which consents intentional feticide. Gardner Anderson (2000,) notes that common law upholds the viability standards that separates the life of the child and its mother. Upholding the conception standards prohibits the mothers or caregivers to conduct procedures that threaten the life of the unborn child. The discussion highlights the need to illegalize the medical process and procedures that prioritize on the rights of the pregnant mother who determines the viability of the fetus to survive. On the other hand, the discussion addresses a moral and religious standpoint on why laws should recognize fetal homicide.
The moral and religious perspectives uphold the conception standard. According to Gardner Anderson (2000), the federal statutes were amended to recognize the viability of the fetus at any stage of development.
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Proper definition of the law is important because it shapes the values and beliefs adopted by people responsible for sustaining the integrity of life. There should be justifiable grounds such as end-of-life decisions to inform the decision to kill the unborn child. Furthermore, the fetal homicides in 38 states mitigate tolerance of killing, which reduces murder rates and potential genocides.
Reference
Gardner, T., & Anderson, T. (2000). Criminal law: Principles and cases (10th ed.). Belmont, CA: Wadsworth Thomson Learning.
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