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Feticide Laws On A State And National Level Essay

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In this paper, the writer will examine feticide laws in the United States. Relevant literature will provide historical perspective and background information of feticide laws on a state and national level. Furthermore, the feticide cases of Bei Bei Shuai and Purvi Patel will provide context for this social issue. Moreover, these feticide cases will be applied to the social work and criminal justice field to determine cultural and ethical issues as well as clinical impact.
Historical Perspective For hundreds of years, governments have recommended various punishments for causing the loss of a pregnancy, and typically these punishments have been considerably less severe than those prescribed for causing the death of those “born alive.” For instance, as early as the eighteenth or nineteenth century, the Code of Hammurabi provided that “[i]f a man strike[s] a free-born woman so that she lose[s] her unborn child, he shall pay ten shekels for her loss” (Murphy, 2014). While the governments recognized the loss of a pregnancy as a legally cognizable injury, they generally did not punish feticide the same as they punished homicide was usually punishable by death. Consistent with this tradition, the common law of England generally did not consider the destruction of a fetus to be homicide (Murphy, 2014). In other words, although the common law sometimes criminally punished those that caused the death of fetuses, the common law did not equate feticide with murder unless the fetus

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