Cardozo International & Comparative Law Review
Abstract
The note examines the misuse of abuse of a corpse laws to criminalize pregnant persons for pregnancy loss, arguing that such prosecutions violate constitutional principles, including the void-for-vagueness doctrine and equal protection. These laws, originally designed to regulate corpse desecration and mistreatment, are increasingly being applied in ways that disproportionately target marginalized groups, particularly women of color. The analysis highlights how the broad and vague language of these statutes enables arbitrary enforcement, undermining legal clarity and perpetuating reproductive injustice.
Disciplines
Comparative and Foreign Law | Criminal Law | Criminal Procedure | International Law | Law | Law and Gender | Law and Race
Recommended Citation
Monica Siwiec,
Policing Pregnancy Loss: Misuse of Abuse of a Corpse Laws,
4
Cardozo Int’l & Compar. L. Rev.
1007
(2021).
Available at:
https://larc.cardozo.yu.edu/ciclr/vol4/iss3/7
Included in
Comparative and Foreign Law Commons, Criminal Law Commons, Criminal Procedure Commons, International Law Commons, Law and Gender Commons, Law and Race Commons