Criminal Law Both New Jersey Term Paper

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" The complication of the protection of the fetus under common and criminal law was apparent; it is still unclear.

New York, however, makes clear its position on fetal protection despite its lack of clarity in organization of manslaughter criminal codes. Article 125 of the New York State Consolidated Law Penal Code deals directly with "Homicide, Abortion, and Related offenses," defining homicide as conduct that causes the death of a person or unborn child in which a female has been pregnant for more than twenty-four weeks. At that point, the fetus gains protection under New York Law; in the Harper case, the accused would be found guilty for homicide of the unborn child as well as that of the mother. The law further investigates homicide, manslaughter, vehicular manslaughter, criminally murder, and abortion in depth, providing in detail the clarity not allowed by the New Jersey code.

In the state of New Jersey, with limitation, it is legal to have an abortion, but the protection of a fetus under law as witnessed in the homicide sets of the state of New York is unmatched.

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While both states provide for the protection of the victim in all manners of manslaughter and murder, they strictly diverge on the coverage, protection, culpability, and punishment of the abortion of an unborn child. Because the political climate of disagreement is rife with religion and social polarity, it is unlikely to be easily mollified in the near future. While argument extends over the legality and morality of abortion, the protection of the fetus should not be sacrificed. New York, where as much debate exists as does in its neighbor to the south, has found a powerful solution for this sullied problem; New Jersey would be wise to follow suit......

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