03-20-2015, 12:41 PM
(03-20-2015, 12:13 PM)username Wrote: She should be charged with murder. I was thinking about the Laci Peterson case--didn't realize the MOTHER had to die as well for that to apply.
I'm not sure if there's been another case like this one. Usually, both the pregnant woman and the fetus die or only the fetus lives in these kinds of terrible assaults. So, whether or not the federal Violence Against Unborn Victims Act could possibly be applied, I'm not sure.
Colorado is one of 14 states that does not have state laws protecting unborn victims. Source: http://www.nrlc.org/federal/unbornvictim...aws092302/
When it comes to determining the final charges, intent may play a role here too.
--If Lane was trying to steal the fetus, claim it as her own and raise it to replace the child she lost (thanks for finding that info), is it premeditated murder legally? I'd think not. 2nd Degree Murder, Manslaughter, death resulting from child neglect... I imagine one of those would be charged instead.
--If instead Lane feared getting busted for not really being pregnant and decided to steal the fetus, let it perish, and show her husband that she'd miscarried and lost the baby, I could definitely see her being charged with premeditated murder in Colorado if the fetus had survived outside of Wilkins for any length of time.
The case is sad and horrific, but the legalities are interesting and could be very tricky for Colorado prosecutors and juries.