03-20-2015, 10:50 AM
Ironically, though, if both Wilkins and the fetus had died, Lane would probably be facing two murder charges under the Unborn Victims of Violence Act of 2004 (Public Law 108-212). It was passed after the murder of Laci Peterson when she was 9 months pregnant.
The law, applied in 36 states, recognizes a child in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb".
Sometimes the application of law is tricky business and sometimes it can seem cold examining the legalities and their impacts in regards to such a tragic loss. But, it will be part of the case here, I'm sure of it. I think that the prosecutors in this case are gonna need to rely heavily on the ME's findings as to when/where the fetus was terminated in determining final charges.
The law, applied in 36 states, recognizes a child in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb".
Sometimes the application of law is tricky business and sometimes it can seem cold examining the legalities and their impacts in regards to such a tragic loss. But, it will be part of the case here, I'm sure of it. I think that the prosecutors in this case are gonna need to rely heavily on the ME's findings as to when/where the fetus was terminated in determining final charges.