The ever-continuing debate over when an infant falls under the protection of the criminal law began early in the common law. A large segment of the courts seems to follow the more widely accepted view that death at the hands of another person is infanticide only after the child has established an independent circulation, separate and apart from his or her mother; a fetus begins a heart beat at the 20th day after conception (using its circulatory system). Do you agree with Massachusetts that convicted Cass, a drunk driver who struck the auto of an eight-and a half-month pregnant woman that resulted in the death of her unborn baby? Not long after, South Carolina Supreme Court joined Massachusetts in holding that “a viable fetus was entitled to homicide protection and that manslaughter could be charged”. Give your stand and defend your position. What if that baby had been yours? Does that make a difference?
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