Homework Clinic
Social Science Clinic => Law and Politics => Topic started by: melly21297 on Jun 12, 2019
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Joey McGrady was driving under the influence of alcohol when he lost control and collided with Melissa Jacobs's car. Melissa was 35 weeks pregnant at the time of the accident. After the accident, Melissa gave birth to a baby boy, Seth, who lived only 11 hours before dying from injuries he sustained in the car crash. The prosecutor charged Joey with vehicular homicide for Seth's death. Joey argues that Seth was not "alive" at the time of the accident so he cannot be charged with homicide. Can Joey be charged with vehicular homicide? Why or why not?
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Answers will vary but student should discuss why Joey can or cannot be charged. The common law defined the beginning of life as occurring when a fetus was born alive. This definition has been carried forward into several modern court decisions. For example, in Keeler v. Superior Court, the defendant purposely kicked his pregnant former wife in the stomach. The fetus died. The court held that the fetus was not a human being. Contrast this decision with Commonwealth v. Cass, a case in which a motorist crashed into another vehicle being driven by a woman who was nearly nine months pregnant. The fetus died as a result of injuries the woman sustained and was delivered by Caesarean section. An autopsy revealed that the fetus was viable at the time of the crash. The Supreme Judicial Court of Massachusetts rejected the common law definition of human being. The child was alive and died as a result of injuries sustained during the accident. Most jurisdictions continue to retain the common law definition of the beginning of life, but Massachusetts and several other states have begun to treat viable fetuses as human beings. In such states, it is possible for people to be convicted of the crime of feticide, causing the death of a fetus. Indeed, some states have gone even further than Massachusetts. California defines a human being as a fetus that has progressed beyond the embryonic stage of seven to eight weeks. Depending on the state, more than likely the baby would be seen as alive but if not Joey could arguably be charged with feticide.
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