Probing the Inconsistencies of State Feticide and Abortion Law
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This paper serves as an analysis of both intrastate and interstate statutory inconsistencies between feticide and abortion law within the thirty-eight American states with criminal feticide laws on record. By reviewing the particulars of each statute, it becomes apparent that there are severe and widespread contradictions between the implications of feticide and abortion laws within each state, as well disparities amongst the states themselves. I will argue that these inconsistencies in protection for unborn life are nothing new in American law. The United States has struggled since its inception to establish stable legislation regarding the protection of the unborn. This historic struggle translates over to the country’s current problem of how to regulate the protection of unborn life. The inconsistencies pose a threat to either one of two groups: the laws treat those convicted of feticide far too harshly, thus violating their right to be free from cruel and unusual punishment, or the laws neglect the inherent value of unborn life by permitting their death in cases of abortion. In either case, it is vital that the American government thoughtfully examine these contradictions and bring about a movement to remedy this violation of fundamental rights.