Journal of Criminal Law Research

The comparative study of fetal abuse in the criminal system of Iran and United States

Document Type : Research Paper

Author

Mustafa Meshkat

The student for a P.h.D degree in criminal law and criminology

https://doi.org/10.22054/jclr.2018.24029.1465
Abstract
Today and with the advancement of medical science, the issue of protecting the health of the fetus has become more and more of a concern for actors in the field of health and legislation. On this occasion, fetal abuse is not limited to physical violence that causes abortion or damage to their members. Rather, it includes many of the risk behaviors that a pregnant woman during pregnancy can provide for the incidence of death, fetal illnesses, and fetal disorders. In this regard, the United States has, along with the relative ban on abortion, has provided suitable criminal protection against other abuse to the fetus, also known as the protection of unborn children. In addition to the federal area, this issue has been further targeted in some states like South Carolina. In this regard, the national criminal justice system, although in the Islamic Penal Code and Tacitus, has provided a supportive approach to violence against the fetus, but has not responded to the fetal neglect or failure. Therefore, in this study, the aim of this study is to provide a supportive strategy by analyzing and comparing the fetal abuse status in the criminal system of the United States and Iran.

Keywords

fetus
fetal abuse
pregnancy
neglect
and failure

  • ب. انگلیسی

      • Baer, J. A. (2002). Historical and Multicultural Encyclopedia of Women's Reproductive Rights in the United States, Greenwood Press.

      • Condon, John T. (1986). “The Spectrum of Fetal Abuse in Pregnant Women”. The Journal of Nervous and Mental Disease, 174(9): 509-516.

      • Creasy, R. K., et al. (2013). Creasy and Resnik's Maternal-Fetal Medicine: Principles and Practice, Elsevier Saunders.

      • Farr, K. A. (1995). “Fetal Abuse and the Criminalization of Behavior During Pregnancy”. NCCD news 41(2): 235-245.

      • https://www.congress.gov/108/plaws/publ212/PLAW-108publ212.pdf.>(Last visited: 2017-07-28).

      • https://www.law.cornell.edu/uscode. (Last visited:2017-07-28).

      • Hutson, J. (2006). “A prenatal perspective on the cost of substance abuse in Canada”. JFAS Int 4(e9): 1-4.

      • Illuminati, C. (2015). The New Dad Dictionary: Everything He Really Needs to Know--From A to Z, Adams Media.

      • Kent, L., et al. (1997). “Fetal abuse”. Child Abuse & Neglect 21(2): 181-186.

      • Knox, D. and C. Schacht (2015). Choices in Relationships: An Introduction to Marriage and the Family, Cengage Learning.

      • Lively, D. E. and R. L. Weaver (2006). Contemporary Supreme Court Cases: Landmark Decisions Since Roe V. Wade, Greenwood Press.

      • Martin, E. A. (2004). A dictionary of law, OUP Oxford.

      • Marzilli, A. (2005). Fetal Rights, Facts On File, Incorporated.

      • McCoy, M. L. and S. M. Keen (2013). Child Abuse and Neglect, Second Edition, Taylor & Francis.

      • Oaks, L. (2001). Smoking and Pregnancy: The Politics of Fetal Protection, Rutgers University Press.

      • Reid, S. T. (2015). Crime and Criminology, Wolters Kluwer Law & Business.

      • Sherman, R. (1988). “Keeping baby safe from mom”. National Law Journal 11(4): 1-24.

      • Statsky, W. P. (2014). Family Law: The Essentials, Cengage Learning.

      • Steverson, J. W. (1993). “Stopping fetal abuse with no-pregnancy and drug treatment probation conditions”. Santa Clara L. Rev. 34: 295.

         

         

Journal of Criminal Law Research
Volume 7, Issue 24
Autumn 2018
Pages 37-65

Home

Guide for Authors

Submit Manuscript

Contact Us