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Commonwealth V

Question 71

Multiple Choice

Commonwealth v. Cass held that prenatal injuries resulting in the death of a viable fetus before or after birth is homicide. Roe v. Wade held that a woman has the right to voluntarily consent to an abortion by a licensed physician. How does the Model Penal Code (MPC) avoid a conflict between the law of abortion and the criminal law concerning a fetus?


A) The MPC utilizes the common law born alive rule in order to avoid a possible conflict.
B) The MPC is silent as to the issue.
C) The MPC acknowledges the conflict but does not resolve it.
D) The MPC acknowledges abortion as homicide.

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