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Purvi Patel (born c. 1982) is an Indian American whose conviction and sentence to 20 years in prison in Indiana for feticide and child neglect was overturned by the Indiana Court of Appeals. The court pointed out that the lower court's ruling had been an "abrupt departure" from the intent of the feticide law as shown by prior usage, which consisted of cases in which a pregnant woman and her unborn child were the victims of violence. The court also said that it was not possible to claim that lawmakers had intended the feticide law to be used to prosecute women trying to abort because the state abortion laws had already since the 1800s explicitly protected pregnant women from prosecution. "The state's about-face in this proceeding is unsettling, as well as untenable" under prior court precedent, Judge Terry Crone wrote in the ruling. [1] The court said that Patel endangered the child by not seeking medical care but that prosecutors failed to prove that her failure to do so resulted in the child's death. [2]
Patel's case had caused international controversy because the overturned conviction had opened the door for any woman who expresses doubt about her pregnancy to be charged if she miscarries or has a stillbirth. [3] [4] If her conviction had not been overturned, she would have been the first woman in the United States to be charged, convicted, and sentenced on a feticide charge. [5] Her case has also been compared to the prosecution of Bei Bei Shuai under similar circumstances. [5]
On July 13, 2013, Patel "delivered a baby boy measuring thirty-one centimeters (approximately one foot) long and weighing 660 grams (slightly less than one and a half pounds)" at home in her bathroom. After sending a text to a friend stating "Just lost the baby", Patel "placed the baby in a plastic shopping bag containing bathroom trash and an airline boarding pass with Patel's name." On her way to a medical facility to get help for her uninterrupted bleeding, Patel "put the bag containing the baby into a dumpster". At St. Joseph Regional Medical Center in Mishawaka, Indiana, "[b]ased on the size of the umbilical cord...[examining physicians] Ob/gyn Dr. Tracy Byrne and OB/GYN Dr. Kelly McGuire...determined that 'there had to have been a baby'". After questioning by both doctors, Patel "finally acknowledged that she had given birth to a baby and stated that she had put it in a paper bag and placed it in a dumpster behind a Target store". "Because '[i]t was a warm night and based on the size of the umbilical cord[,]' Dr. McGuire 'thought that [they] could find a baby that was far enough along that could still be alive' and left the hospital to search for it". "Officers searched dumpsters in that area and finally found the plastic bag containing Patel's baby at 12:06 a.m." [6]
The prosecution alleged that the miscarriage had been caused by an abortifacient per her documented text messages exchanged with her friend, even though doctors found no trace of the drugs in her body. [3] Prosecutors charged Patel with feticide for allegedly inducing an abortion, as the pills in question had been purchased online overseas, which was illegal in the United States. [7] The prosecutor claimed that Indiana's law allows for women to be convicted of feticide for attempting to end a pregnancy even if the fetus survives. [7] They also charged her with child neglect after claiming that the fetus had been alive when born. [7]
The defense pathologist testified that the 23- or 24-week fetus was stillborn, with lungs insufficiently developed to breathe, while the prosecution pathologist testified that the fetus was at 25 to 30 weeks and was born alive. [7] The prosecutors used a widely discredited lung float test to determine whether the fetus took a breath after birth. [8] The procedure tests the buoyancy of the lungs in the belief that lungs that float suggest that the fetus took a breath, and the lungs in this case did float. [8] Forensic experts discredit the use of such a test in criminal proceedings because of the number of false positives on record. [9] The jury in Patel's case determined the fetus had been alive and found Patel guilty of child neglect. [8]
On April 22, 2015, Patel filed an appeal to the ruling. Her lawyers aimed to challenge the feticide charge and the lung float test evidence. [10] On January 28, 2016, the Indiana Court of Appeals agreed to hear oral arguments in the appeal. A three-member panel of judges heard arguments from both sides on May 23. [11]
On July 22, 2016, the court ruled in her favor and specified that the legislature had not intended for the feticide statute to be applied to illegal self-induced abortion, and so it vacated the feticide charge. The court also ruled that while the state had proven that the child was born alive, it did not prove that the child would not have died if she had sought immediate medical attention. It therefore vacated the Class A neglect charge and remanded the case to the trial court with instructions to enter judgment of conviction for class D felony neglect of a dependent and resentence her accordingly. [6] The trial court then changed the sentence to 18 months. She had already served more time than this, so she was then released. [12]
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protected a right to have an abortion. The decision struck down many abortion laws, and caused an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be. The decision also shaped debate concerning which methods the Supreme Court should use in constitutional adjudication. The Supreme Court repealed the Roe decision in June 2022, ending the constitutional right to abortion.
Laci Denise Peterson was an American woman murdered by her husband, Scott Lee Peterson, while eight months pregnant with their first child. Laci disappeared on December 24, 2002, from the couple's home in Modesto, California, after which Scott reported her missing. The remains of her and her unborn son, whom the couple had planned to name Conner, were discovered in April 2003 on the shores of San Francisco Bay. Subsequently, Scott was arrested and charged with two counts of murder. In November 2004, he was found guilty of the first-degree murder of Laci and the second-degree murder of the infant.
Sally Clark was an English solicitor who, in November 1999, became the victim of a miscarriage of justice when she was found guilty of the murder of her two infant sons. Clark's first son died in December 1996 within a few weeks of his birth, and her second son died in similar circumstances in January 1998. A month later, Clark was arrested and tried for both deaths. The defense argued that the children had died of sudden infant death syndrome (SIDS). The prosecution case relied on flawed statistical evidence presented by paediatrician Roy Meadow, who testified that the chance of two children from an affluent family suffering SIDS was 1 in 73 million. He had arrived at this figure by squaring his estimate of a chance of 1 in 8500 of an individual SIDS death in similar circumstances. The Royal Statistical Society later issued a statement arguing that there was no statistical basis for Meadow's claim, and expressed concern at the "misuse of statistics in the courts".
The Unborn Victims of Violence Act of 2004 is a United States law that recognizes an embryo or fetus in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb."
Doe v. Bolton, 410 U.S. 179 (1973), was a decision of the Supreme Court of the United States overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-known case of Roe v. Wade.
Wee Care Nursery School, located in Maplewood, New Jersey, was the subject of a day care child abuse case that was tried during the 1980s. Although Margaret Kelly Michaels was prosecuted and convicted, the decision was reversed after she spent five years in prison. An appellate court ruled that several features of the original trial had produced an unjust ruling and the conviction was reversed. The case was studied by several psychologists who were concerned about the interrogation methods used and the quality of the children's testimony in the case. This resulted in research concerning the topic of children's memory and suggestibility, resulting in new recommendations for performing interviews with child victims and witnesses.
The born alive rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is "born alive". U.S. courts have overturned this rule, citing recent advances in science and medicine, and in several states feticide statutes have been explicitly framed or amended to include fetuses in utero. Abortion in Canada is still governed by the born alive rule, as courts continue to hold to its foundational principles. In 1996, the Law Lords confirmed that the rule applied in English law but that alternative charges existed in lieu, such as a charge of unlawful or negligent manslaughter instead of murder.
Child destruction is the name of a statutory offence in England and Wales, Northern Ireland, Hong Kong and in some parts of Australia.
Foeticide, or feticide, is the act of killing a fetus, or causing a miscarriage. Definitions differ between legal and medical applications, whereas in law, feticide frequently refers to a criminal offense, in medicine the term generally refers to a part of an abortion procedure in which a provider intentionally induces fetal demise to avoid the chance of an unintended live birth, or as a standalone procedure in the case of selective reduction.
Forced abortion is a form of reproductive coercion that refers to the act of compelling a woman to undergo termination of a pregnancy against her will or without explicit consent. Forced abortion may also be defined as coerced abortion, and may occur due to a variety of outside forces such as societal pressure, or due to intervention by perpetrators such as an intimate partner, parental guardian, medical practitioners, or others who may cause abortion by force, threat or coercion. It may also occur by taking advantage of a situation where a pregnant individual is unable to give consent, or when valid consent is in question due to duress. This may also include the instances when the conduct was neither justified by medical or hospital treatment, which does not include instances in which the pregnant individual is at risk of life threatening injury due to unsustainable pregnancy. Similar to other forms of reproductive coercion such as forced sterilization, forced abortion may include a physical invasion of female reproductive organs, therefore creating the possibly of causing long term threat or injury preventing viable future pregnancies. Forced abortion is considered a human rights violation by the United Nations due to its failure to comply with the human right to reproductive choice and control without coercion, discrimination, and violence.
Chemical endangerment is the crime of exposing a child to a controlled substance or an environment in which it is produced. It was added to the Alabama legal code in 2006, with the intention of protecting children from methamphetamine laboratories. Since then, it has been used to prosecute women who give birth to children that test positive for harmful drugs and also THC, the active ingredient in marijuana.
Bei Bei Shuai is a Chinese immigrant to the United States who became the subject of international public attention from 2011 to 2013, when the authorities of the state of Indiana charged her with murder and attempted feticide after her suicide attempt allegedly resulted in the death of the fetus with which she was pregnant. In Britain, The Guardian described Shuai's case, as well as those of other women who lose their pregnancies in cases of maternal drug addiction or a suicide attempt, as part of a "creeping criminalisation of pregnancy across America".
James Joseph Richardson was an African-American man who was wrongfully convicted and sentenced to death in 1968 for the October 1967 mass murder of his seven children. They died after eating a poisoned breakfast containing the organic phosphate pesticide parathion. At the time of the murders, Richardson was a migrant farm worker in Arcadia, Florida living with his wife Annie Mae Richardson and their children. At a trial in Fort Myers, Florida, the jury found him guilty of murdering the children and sentenced him to death. As a result of the United States Supreme Court's 1972 Furman v. Georgia decision finding the death penalty unconstitutional, his sentence was commuted to life imprisonment. He was then exonerated in 1989 after 21 years, when his case was revisited by appointed Miami-Dade County prosecutor Janet Reno. Following Richardson's exoneration, the babysitter of the Richardson children, Bessie Reece, has been named as the key suspect. Reece died in 1993. In 2016 he began receiving compensation under a state law narrowly tailored to his case.
Kenneth Carlton Edelin was an American physician known for his support for abortion rights and his advocacy for indigent patients' rights to healthcare. He was born in Washington, D.C., and died in Sarasota, Florida.
Juan A. Rivera Jr. is an American man who was wrongfully convicted three times for the 1992 rape and murder of 11-year-old Holly Staker in Waukegan, Illinois. He was convicted twice on the basis of a confession that he said was coerced. No physical evidence linked him to the crime scene. In 2015 he received a $20 million settlement from Lake County, Illinois for wrongful conviction, formerly the largest settlement of its kind in United States history.
The prosecution of Rodricus Crawford in Caddo Parish, Louisiana in 2013, attracted national media attention. Crawford, a black man, was convicted and sentenced to death that year for suffocating his one-year-old son. His death sentence was seen as part of a pattern in the parish, which has the highest rate of death penalty sentencing in the nation. The prosecutor in this case said this penalty was needed for society's revenge.
Maria Teresa Rivera is a woman human rights defender, working an abortion rights, from El Salvador. She was sentenced to 40 years in prison for aggravated homicide in 2011 after having a miscarriage. She served 4 and a half years of her sentence before being released. In March 2017, Rivera and her 12-year-old son were given asylum by the Swedish Migration Agency in fear that a prosecutor's appeal of the decision to release her might lead to her returning to prison.
As of 2024, abortion is illegal in Indiana. It is only legal in cases involving fatal fetal abnormalities, to preserve the life and physical health of the mother, and in cases of rape or incest up to 10 weeks of pregnancy. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1, 2023, was placed on hold due to further legal challenges, but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling that an abortion ban doesn't violate the state constitution. In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day. The new law became effective on September 15, 2022. However, on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.
The laws pertaining to abortion in Malaysia are generally ambiguous and specific legislation varies greatly by state. Access to abortion in Malaysia has been hampered by religious, cultural and social stigmas against abortion, poor awareness of abortion legislation among health professionals and the high cost of abortion services in the private health sector. As a result, risky unsafe abortions are prevalent in Malaysia. Under Sections 312–316 of the Penal Code, it is de jure permitted to perform an abortion to save the life of the mother or in cases where their physical or mental health is at risk, for the first 120 days of gestation.
Melissa Elizabeth Lucio is the first woman of Hispanic descent to be sentenced to death in the U.S. state of Texas. She was convicted of capital murder after the death of her two-year-old daughter, Mariah, who was found to have scattered bruising in various stages of healing, as well as injuries to her head and contusions of the kidneys, lungs and spinal cord. Prosecutors said that Mariah's injuries were the result of physical abuse, while Lucio's attorneys say that her death was caused by a fall down the stairs two days prior.