Legal Definitions - plea of pregnancy

The plea of pregnancy was a historical legal defense used by women in jurisdictions where certain crimes were punishable by death. If a woman convicted of a capital crime was found to be pregnant, she could make a plea to the court to delay her execution until after she had given birth. The underlying principle was to protect the life of the unborn child, who was considered innocent and should not suffer the mother's fate.

Here are some examples of how a plea of pregnancy might have been applied:

• Imagine a woman named Eleanor in 18th-century England who was convicted of murder, a crime punishable by hanging. After her conviction and sentencing, it was discovered that she was pregnant. Eleanor's legal representative would present a plea of pregnancy to the court. This plea would typically result in a temporary stay of execution, allowing her to carry the child to term and give birth before her sentence was carried out. The purpose was to ensure the innocent infant's survival, not to pardon Eleanor for her crime.

• Consider Lady Isabella, accused and convicted of treason against the crown in medieval Europe, a capital offense. If Lady Isabella was pregnant at the time of her trial or sentencing, her legal counsel would invoke a plea of pregnancy. This would compel the authorities to postpone her execution until after the birth of her child. The court's decision would reflect the societal and legal view that the unborn child should not be punished for the mother's actions.

• In a 17th-century colonial settlement, a woman named Martha was found guilty of a severe form of grand larceny, which, in that era, could carry the death penalty. Upon her conviction, it was confirmed that Martha was pregnant. Her defense would submit a plea of pregnancy to the presiding judge. This plea would typically lead to a delay in her execution, ensuring that the child could be born alive and separate from its mother before her sentence was carried out, thereby preserving the life of the innocent infant.