CRIMINAL JUSTICE.

Running head: CRIMINAL JUSTICE
CRIMINAL JUSTICE
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CRIMINAL JUSTICE1
Importance of fetus rights
There has been a debate going on over the rights of an unborn fetus. The right to life for
an unborn child has been mentioned in the American Convention of the Human Rights. Under the
civil law the fetal rights can be described as the moral or legal rights of an unborn human fetus.
Under the United States Law fetus had not been recognized as a person with all the rights.
However with the Roe v Wade [1973] the fetal rights have come into focus. However according
to many legal experts there can be seen a growing need for the clarification of the legal status for
the fetus because it has been possible technologically to be regarding a fetus as an independent
patient from its mother.
Conflict between fetal homicide laws and abortion rights
An unborn baby can be seen to be considered as a protected person under the fetal
homicide laws. However the legal termination of pregnancy can be seen as falling as outside the
scope of the statutes as it has been recognized by the United States Supreme Court that pregnant
women have the right to privacy to be killing an unborn fetus.
Standards of recognizing a fetus as a person
The Born-Alive Standard
The Born-alive standard can be defined as a common law principle holding on to various
criminal laws like assault and homicide for applying it to a child that can be seen as ‘born-alive’.