[EMAIL PROTECTED] writes:
Seems rather clear to me, Linda. The most extreme case is when a fetus is
killed which is not covered by 43.1. That has been found to be murder
when it is done without the mother's consent. But if a fetus is to be
"deemed an existing person, so far as necessary for the child's interests in
the event of the child's subsequent birth" the child's interests are
certainly harmed by an attack on the mother. The interests of the mother
and fetus are nearly identical in this case.
>"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:
>
>
>H Bill - I am having a bit of trouble finding Susan's post of the civil
>statute. Here are two relevant paragraphs I had clipped out, suggesting
>that an unborn offspring is a child and thus a person, with life and
>liberty rights. The crim case, though, goes to the mothers rights. Do
>you think if the civil statute were to govern in the criminal context,
>the child would have a large interest in the mother'sa interests (in
>being protected)? That could IMO be a bridge between the two, and
>perhaps the legslative intent of both sets of laws comingle here. Sue?
>Terry? Streve? Others? :)
>LDMF.
>--------------------------- Code:
>---------------------------------------
>
>CALIFORNIA CODES
>CIVIL CODE
>SECTION 43-53
>
>
>
>
>43. Besides the personal rights mentioned or recognized in the
>Government Code, every person has, subject to the qualifications and
>restrictions provided by law, the right of protection from bodily
>restraint or harm, from personal insult, from defamation, and from
>injury to his personal relations.
>
>
>
>43.1. A child conceived, but not yet born, is deemed an existing
>person, so far as necessary for the child's interests in the event of
>the child's subsequent birth.
>
>
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Best, Terry
"Lawyer - one trained to circumvent the law" - The Devil's Dictionary
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