| 000 | 02547nab a2200325Ia 4500 | ||
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| 001 | 113092 | ||
| 005 | 20250625151147.0 | ||
| 008 | 110331s2006 eng | ||
| 040 |
_aWSS _dAFV |
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| 082 | 0 | _a342.085 UNB | |
| 100 |
_aBrobst, Jennifer A. _9825 |
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| 245 |
_aThe prospect of enacting an Unborn Victims of Violence Act in North Carolina _cBrobst, Jennifer A. |
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| 260 |
_aDurham, NC _bNorth Carolina Central University. School of Law _c2006 |
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| 300 | _a45 p. ; 26 cm. | ||
| 365 |
_a00 _b0 |
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| 520 | _aIn 2005, a state bill mirroring the federal Unborn Victims of Violence Act, also known as Laci and Conner's Law, failed passage in the North Carolina legislature. If a similar bill passes in the future, North Carolina courts will face many decisions of statutory interpretation and likely force the hand of the state legislature to determine the very meaning of a human being under the law. In failing to pass the Unborn Victims of Violence Act in 2005, North Carolina very narrowly avoided the need for clarification of fetal rights in the criminal justice system. Yet, North Carolina is particularly ripe for judicial and legislative attention to the issue. North Carolina currently lacks statutory definitions of a human being and a fetus for criminal application. In addition, since the 1989 North Carolina Supreme Court decision in State v. Beale, the North Carolina appellate courts have not re-examined whether to continue to apply the common law definition of a human being as only a live birth for the purpose of homicide statutes. This places North Carolina in a minority of jurisdictions that have not followed the national trend to expand the definition of a human being in homicide statutes to a being alive from the age of conception. A careful consideration of the diverse rationales and potential impact of fetal homicide laws and fetal and women's rights in general should be addressed before the North Carolina legislature again considers enacting fetal homicide legislation.--AUTHOR'S ABSTRACT | ||
| 522 | _axxu | ||
| 650 | 2 | 7 |
_2FVC _aDOMESTIC VIOLENCE _9203 |
| 650 | 2 | 7 |
_aHOMICIDE _9297 |
| 650 | 2 | 7 |
_aHUMAN RIGHTS _9303 |
| 650 | 2 | 7 |
_aLEGISLATION _9346 |
| 650 | 2 | 7 |
_2FVC _aPREGNANCY _9455 |
| 650 | 2 | 7 |
_aREPRODUCTIVE HEALTH _93274 |
| 650 | 2 | 7 |
_2FVC _aWOMEN _9645 |
| 651 | 4 |
_aUNITED STATES _92646 |
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| 500 | _aNorth Carolina Central Law Journal 28(2) Spring 2006 : 127-171 | ||
| 650 | 2 | 7 |
_9336 _aLAW |
| 773 | 0 | _tNorth Carolina Central Law Journal 28(2) Spring 2006 : 127-171 | |
| 942 |
_2ddc _cARTICLE |
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| 999 |
_c1976 _d1976 |
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