The Mother of All Crimes: Human Rights, Criminalization and the Child Born Alive

Description

Cover Half Title Title Copyright Contents Acknowledgments Introduction Harmful Acts and Omissions of the Pregnant Woman Intake of (Currently) Legal Substances by Pregnant Women Intake of Illegal Substances by Pregnant Women Four Possible Crimes under the ‘Born Alive Rule’ 1 The Status of the Fetus The Importance of Autonomy The Status of the Fetus The Argument of Potential for Life ‘Humanness’ 2 The State Interest in Protecting the Pregnant Woman and the Significance of Autonomy Autonomy The ‘Negative Theory’ The ‘Positive Theory’ Gerald Dworkin: Procedural, Not Substantive Autonomy What is the Value of Autonomy? Why Might the Pregnant Woman’s Autonomy be Overridden? Feminist Perspectives on Autonomy Factors Opposed to Autonomy The Burden of Responsibility Coercion and the Prevention of Harm Conclusion 3 Criminalization of Pregnant Women and Mothers in the USA Four Extensions of the ‘Born Alive Rule’ (and an Alternative) Category 1: A Third Party Injures a Fetus Which is Born Alive and Dies as a Direct Result of the Injury Category 2: A Woman Whilst Pregnant Harms the Fetus Which is Later Born Alive and Dies as a Direct Result of the Injury Category 3: A Third Party or Woman Whilst Pregnant Causes Injury to a Child Born Alive Category 4: A Third Party or Woman Whilst Pregnant Causes the Death or Injury of a Fetus Which, for the Purposes of the State Law, is Defined as a Person A Fifth Category: Legislate to Override the Common Law Born Alive Rule Conclusion 4 Crimes Against the Fetus Born Alive in England and Wales The Attorney-General’s Reference (No. 3 of 1994): The Court of Appeal Decision Murder or Manslaughter? The Attorney-General’s Reference (No. 3 of 1994) in the House of Lords English Civil Law Approaches Medical Consent Court-authorized Caesarean Sections Re D Conclusion 5 Criticism of the United States’ Extensions of the Law Criminal Justice Theory The Elements of Crime Mens Rea Causation Human Rights Issues Vagueness Discrimination Liberty, Privacy and Autonomy Conclusion 6 Alternatives to Extended Criminalization Education Treatment Voluntary Treatment Mandated Treatment Conclusion Bibliography Index