Thursday, November 05, 2015

The return of Dred Scott...

.....6 day old child is not a person.

Facts: pregnant mother is driving under the influence and gets into an accident. The baby is delivered without her consent, but dies from the injuries inflicted by the accident 6 days after the delivery.

Issue: Under New York law which prohibits the criminal prosecution of women for self-inflicted injuries that result in abortion, is the mother liable for second degree murder.

Holding: No. New York law defines such a child as not a "Person" for purposes of the enforcement of criminal law under that circumstance.

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