History
Prior to enactment of the federal law, the "child in utero" was, as a general rule, not recognized as a victim of federal crimes of violence. Thus, in a federal crime that injured a pregnant woman and killed the "child in utero," no homicide was recognized, in most cases.
One exception was the "born-alive rule," applied in US v. Spencer, 839 F.2d 1341 (9th Cir. 1988), a case in which the child was born alive and died shortly afterwards; therefore there was no doubt that the decedent was once a living person under the law.
The Unborn Victims of Violence Act was first introduced in Congress in 1999 by then-Congressman (later Senator) Lindsey Graham (R-SC). It passed the House of Representatives in 1999 and 2001, but not the Senate. In 2003, the bill was reintroduced in the House as H.R. 1997 by Rep. Melissa Hart of Pennsylvania. It was ultimately co-sponsored by 136 other members of the House before it passed by a vote of 254 in favor to 163 against on February 26, 2004. After several amendments were rejected, it was passed in the Senate by a vote of 61-38 on March 25, 2004. It was signed into law by President Bush on April 1, 2004.
Read more about this topic: Unborn Victims Of Violence Act
Famous quotes containing the word history:
“In nature, all is useful, all is beautiful. It is therefore beautiful, because it is alive, moving, reproductive; it is therefore useful, because it is symmetrical and fair. Beauty will not come at the call of a legislature, nor will it repeat in England or America its history in Greece. It will come, as always, unannounced, and spring up between the feet of brave and earnest men.”
—Ralph Waldo Emerson (1803–1882)
“The reverence for the Scriptures is an element of civilization, for thus has the history of the world been preserved, and is preserved.”
—Ralph Waldo Emerson (1803–1882)
“Bias, point of view, fury—are they ... so dangerous and must they be ironed out of history, the hills flattened and the contours leveled? The professors talk ... about passion and point of view in history as a Calvinist talks about sin in the bedroom.”
—Catherine Drinker Bowen (1897–1973)