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?

Question

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The Model Penal Code (MPC) avoids conflict by utilizing the common law "born alive" rule, which means that a fetus must be born alive to be considered a victim of homicide. This approach sidesteps the issue of prenatal injuries resulting in fetal death being classified as homicide, thus avoiding conflict with abortion rights established in Roe v. Wade.

Commonwealth V