Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the Michigan Court of Appeals' decision in Kurr, which recognized a father's right to defend his unborn children under the defense of others doctrine, citing Michigan's fetal homicide law. This ruling extends legal protections to fetuses while maintaining exceptions for lawful abortions, reflecting broader shifts in legal and public policy toward fetal protection. The decision highlights the tension between protecting unborn life and preserving women's reproductive rights, emphasizing the narrow application of the defense to avoid undermining abortion rights established by Roe v. Wade.
Disciplines
Criminal Law | Criminal Procedure | Fourteenth Amendment | Law | Sexuality and the Law
Recommended Citation
Lawrence Estrada,
Defensive Mechanism: A Father's Right to Defend the Unborn,
15
Cardozo J. Equal Rts. & Soc. Just.
617
(2009).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol15/iss3/5
Included in
Criminal Law Commons, Criminal Procedure Commons, Fourteenth Amendment Commons, Sexuality and the Law Commons