The Pros And Cons Of Fetal Homicide Laws

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You succinctly described fetal homicide laws and the different standards used. With advances in technology, medicine has taken leap and bounds in being able to see fetuses earlier through ultrasounds and keep fetuses alive who are born prematurely. Therefore, the Born-Alive Standard and the Viability Standard are outdated and difficult to hold to standard due to differences in development between fetuses. As you noted, the Conception Standard should then be utilized as the standard in fetal homicide laws which in turn will provide a strong deterrent towards violence against pregnant women. Utilizing a conception standard will cause disagreement from those who are pro-choice as they view it as infringing on standards established through Roe v. Wade (1973).…show more content…
Wade and its progeny recognizes, reflects the tenuous balance states have struck between their interests in protecting potential life and in protecting a woman’s constitutional right to privacy” (Pedone,
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