Criminal Law

Keeler v. Superior Court — Study Notes

Keeler v. Superior Court, 2 Cal. 3d 619, 470 P.2d 617, 87 Cal. Rptr. 481 (Cal. 1970)

Study notes for Keeler v. Superior Court: professor notes, cold call prep, exam angles, and memory aids.

An unborn but viable fetus is not considered a 'human being' under California Penal Code section 187 prior to the 1970 amendment.
Professor Notes

In Keeler v. Superior Court, the California Supreme Court addressed a critical issue regarding the definition of a 'human being' in the context of California Penal Code section 187. The case revolved around the tragic circumstances of a confrontation between a man and his wife, during which he caused the death of her unborn but viable fetus. The court focused on interpreting the statutory language and the common law understanding of when life begins. The ruling ultimately highlighted the distinction between legal definitions and moral implications surrounding fetal rights, which remains a contentious topic in legal discourse today.

Professors may emphasize the significance of the court's interpretation of legislative language, highlighting how the statutory framework at the time created legal ambiguity regarding the status of unborn children. The decision underscored the importance of clear legislative definitions and how courts navigate the intersections of criminal liability and reproductive rights. Students should recognize that the outcome led to debates about the necessity for legislative reform to address these issues more comprehensively in future cases.

Cold Call Prep
  1. 1What was the basis of Keeler's argument regarding the definition of a human being?
  2. 2What implications does the ruling have for similar cases involving fetal rights?
  3. 3Explain how the ruling reflects the relationship between statutory interpretation and moral issues.
  4. 4Discuss why the court chose not to expand the definition of 'human being' to include viable fetuses.
  5. 5What were the dissenting opinions in this case, if any?
  6. 6How might this case inform future legislation regarding fetal homicide?
  7. 7Explain the significance of statutory amendments that followed the decision in this case.
Mnemonic Device

Killer Keeler is not a fetal deal – focuses on the definition of 'human being'.

Distinguish From
CaseDistinction
People v. EversIn Evers, the court recognized the rights of an unborn fetus under a different statutory framework, illustrating how context-specific language impacts the interpretation of fetal rights.
Roe v. WadeRoe v. Wade addressed a woman's right to choose regarding abortion, whereas Keeler focused on the complete negation of the fetus's status in criminal law.
State v. MichaelIn Michael, the court expanded the definition of homicide to include acts against a fetus, contrasting sharply with Keeler's ruling.
Policy Arguments

For the Rule

Restricting the definition of a 'human being' helps to clarify legal standards and prevents the criminalization of common pregnancy-related mishaps.

Against the Rule

Denying personhood to viable fetuses undermines fetal rights and can lead to a lack of accountability for violent actions against pregnant individuals.

Class Discussion Points
  • The implications of defining personhood in law and its relation to societal values.
  • How the decision reflects broader societal and ethical dilemmas about fetal rights.
  • The potential for legislative change post-Keeler and how society could respond to fetal homicide laws.
Exam Angle

This case often appears in exams focusing on statutory interpretation, the definition of 'human being,' and the distinction between common law and legislative frameworks. Students should be prepared to analyze the impact of this ruling on fetal rights and related legislative changes.

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