United States v. Samantha Flute

The federal manslaughter statute was enacted in 1909. According to the United States Attorney, the government has never before charged a mother with manslaughter based on prenatal neglect that causes the death of a child. As the district court observed, accepting the government's view of the statute could have broad ramifications for the criminal liability of mothers based on their conduct while pregnant. Resolving this significant issue of first impression requires careful attention to the historical underpinnings of the manslaughter statute. While I do not agree with the district court's…