Unformatted text preview: Common law and under California statute a stillborn fetus could not be deemed a homicide victim. Even if they could adjust the code to include fetus, it would not apply to Keeler’s case because it was before the code was in place. Issue: Wither or not inacting this code of law that killing a fetus is considered a homicide, and if changing it could charge Keeler with the crime. They can’t charge him with the crime because of ex post facto. Meaning that all new laws don’t work retrospectively, and people have the right to be informed of what is right and what is wrong. Dissent The spectrum can be altered at both ends of life and death. People who were pronounced dead, have been through modern science alive again. So being pronounce dead does not mean you are dead forever unless you can’t be revived again. Same with being born. One who has not been born yet, but is viable (can survive), with a high chance, could just as easily be announced alive....
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- Spring '11
- Law, Injury, umbilical cord, Physical trauma, Mrs. Keeler