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VOLUME 7 - CHAPTER 92
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92.7 Intentional Murder
92.7.1 Intentional Murder: Links To Other Sources
92.6.3.1 Infant Homicide: Defense Theory That Fetus Was Not Alive At Birth
92.6.3.2 Infant Homicide: Post-Partum Disorders As Defense Theory
92.6.3.3 Infant Homicide: Intoxication As Defense Theory
92.6.3.4 Infant Homicide: Mental, Medical Or Physical Impairment Of Defendant
92.6.3.5 Infant Homicide: Additional Defenses And Defense Theories
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92.6.3.1 Infant Homicide: Defense Theory That Fetus Was Not Alive At Birth
PRACTICE NOTE: An infant who is indisputably alive during the birth process is a human being within the meaning of the California homicide statute. (People v. Flores (CA 1992) 3 CA4th 200, 208 [4 CR2d 120].) However, it is the prosecution's burden to establish that the infant was alive. (Wharton’s Criminal Law (West, 15th ed. 1994) § 116, pp. 140-41.)
RESEARCH NOTES:
Annotation, Homicide Based on Killing of Unborn Child, 64 ALR5th 671.
RELATED FEDERAL MODEL INSTRUCTIONS:
See FORECITE National™ 92.6.1.2 [.Federal Circuit Model Instructions And Notes].
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92.6.3.2 Infant Homicide: Post-Partum Disorders As Defense Theory
See
FORECITE National™ 256.7.3.17 [Post Partum Disorders].RESEARCH NOTES:
Michael Davidson, Feminine Hormonal Defenses: Premenstrual Syndrome and Postpartum Psychosis, 2000 Army Law 5, July 2000.
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92.6.3.3 Infant Homicide: Intoxication As Defense Theory
See FORECITE National™ 256.5 [Intoxication, Involuntary].
See FORECITE National™ 256.6 [Intoxication, Voluntary].
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92.6.3.4 Infant Homicide: Mental, Medical Or Physical Impairment Of Defendant
See FORECITE National™ 256.7 [Mental, Medical Or Physical Impairment Of Defendant].
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92.6.3.5 Infant Homicide: Additional Defenses And Defense Theories
PRACTICE NOTE: The defenses and defense theories discussed in this chapter are offered to provide ideas which may be helpful in developing a defense strategy and are not intended to be a complete checklist. Depending on the jurisdiction and the factual circumstances, other theories may be available. (See generally
FORECITE National™ Volume 11: Affirmative Defenses And Defense Theories (Ch. 250-264).) For example, in any given case defensive theories may be available as to one or more of the basic elements of criminal liability. (See generally FORECITE National™ Volume 5: Basic Elements Of A Criminal Allegation And Defenses Thereto (Ch. 43-62).)