Reading Break

UCI Law had a reading break this week. Originally the students thought spring break came early this year, but the incredible amount of time that would be demanded by our memo research and course outlines quickly came into focus. I think I actually spent more time in the library this week than I have any other week so far. Finals should be fun.

Sassy Judges

My Statutory Analysis class (also known as Criminal Law) read a case called Keeler v. Superior Court (CA 1976), wherein one Keeler, in the midst of divorce proceedings with his wife, found out she was pregnant by another man. Keeler went to find his wife, saw her obvious pregnancy, and said "I'm going to stomp it out of you," which he proceeded to do. He was charged with first degree murder according to California's statute at the time, which read something like "Murder is the unlawful killing of a human being, with malice aforethought."

The case made its way to the California Supreme Court because Keeler kept arguing that killing a fetus wouldn't fall under California's definition of murder. The Supreme Court considered this, and in their opinion quoted three of England's most influential legal thinkers, Coke, Blackstone, and Hale. These three guys, writing in the 1600's had a lot to say about fetuses and "quickening," and most of what they said pointed to killing a fetus being "a great misprison," or misdemeanor. So the Supreme Court decided there is no way Keeler should have known killing a fetus would be considered murder, and he was convicted of assault.

Chief Justice Burke, in his dissent, delivered the funniest line I have ever heard from a Judge not named Judy, when he said "Aside from the absurdity of the underlying premise that defendant consulted Coke, Blackstone or Hale before kicking Baby Girl Vogt to death..." I love sassy judges.