When Laci Peterson and her fetus were killed, was it fair to charge Scott Peterson with a double-homicide?
What if only the fetus were killed (an induced miscarriage)? Is that homicide or just battery to the woman?
2006-10-09 15:37:25 · 21 answers · asked by BABY 3 in Society & Culture ➔ Religion & Spirituality
It should be a single homicide, not a double.
And with an induced miscarriage, it's assault and battery...or something similar. But not homicide.
2006-10-09 15:38:56 · answer #1 · answered by extton 5 · 1⤊ 8⤋
It was fair to charge Scott Peterson with double homicide because Laci did not choose abortion.
If the fetus is killed without the mother's consent, in my state it is a homicide.
2006-10-09 22:40:03 · answer #2 · answered by Anonymous · 7⤊ 1⤋
IMO when a woman decides that the baby is a baby then it is a baby. So the answer is yes it was homicide. A woman's right to choose is just that a choice. If the fetus was killed it would be up to the DA but in my opinion it is homicide if it was her choice that this is a baby. Why ask what ifs? You are not going to change anyone's mind. Does it make you feel morally superior or something? Just curious like you.
2006-10-09 22:43:26 · answer #3 · answered by brattybard 3 · 3⤊ 1⤋
Lacy chose to have her baby. Therefore she should have been able to keep him, and her life. He was a full-term baby, therefore, double-homicide makes sense.
If a baby is killed during the battery of her mother--it should be homicide again--and battery.
Induced miscarriage caused early in a pregnancy by a woman taking pills is not the same thing. We're talking fetus (potential baby--but not baby) and we're talking about a woman having the right to do what she chooses with her own body.
2006-10-09 22:43:31 · answer #4 · answered by Anonymous · 1⤊ 2⤋
Yes It was fair to charge him with double homicide. Cause of how far along Laci Peterson was at the time. The fetus could have lived if the it was born at that time. So therefor it murder.
Abortion is different from cold blooded murder. It all depends on how you choose to look at it.
2006-10-09 22:45:04 · answer #5 · answered by larrys_babygurl_4life 4 · 3⤊ 2⤋
depends. everything depends on intent. if the killer intended on killing the mother and the fetus, but only killed the fetus...then it would be attempted murder on the woman. if the intent was to just kill the baby, and not kill the mother, the crime (in my state) would be "felonious assault with intent to do great bodily harm."
in the case of Laci Peterson, i do not recall how far along she was. if the baby was developed, and had a heartbeat, lungs, limbs, etc (which happens earlier than most think), then the prosecuter can make a case of murder of the baby as well. however, the prosecuters have broad discretion in any given case of charges they want to add...the key, however, is whether a judge/jury actually convicts on it. that's why tons of attention is placed on jury selection in high profile cases. i am sure that the prosecuter wanted as many "pro-lifers" as possible on that jury!
2006-10-09 22:50:43 · answer #6 · answered by sexy law chick 5 · 0⤊ 1⤋
If the fetus was developed enough to survive outside of the womb, it's homicide,according to me.If it wasn't, and if only the fetus was killed, it's still attempted murder, because an "induced miscarriage" can cause a woman to hemorrhage to death.
2006-10-09 22:41:23 · answer #7 · answered by Anonymous · 3⤊ 1⤋
The difference is that it was a full term fetus, a fetus that could have lived outside the mother had it been born.
Somewhat different from the time when abortions are legal, before the fetus is capable of sustaining itself outside the body of the mother.
Not the same thing.
2006-10-09 22:43:48 · answer #8 · answered by DontPanic 7 · 3⤊ 1⤋
It wasn't Laci Petersons choice to abort the baby. Someone else made the desicion for her, and that "my friend" is considered murder. If Laci had walked into an abortion clinic and said I am excersizing my right as a woman to abort my child, then under law it is not considered murder.
And no its not a good question, for all you people who think it is
2006-10-09 22:45:30 · answer #9 · answered by ? 6 · 5⤊ 2⤋
In a perfect world, I would say it's double homicide since she wanted that baby. Since pro-lifers will use that as a wedge to arrest doctors who perform abortion, in reality it's not possible to charge him as such and retain women's rights.
2006-10-09 23:04:25 · answer #10 · answered by Anonymous · 0⤊ 1⤋
Mostly grandstanding by the media hungry prosecution.
I guess whenever a pregnant mother miscarries she should be charged with accidental death? Murder if she smokes?
2006-10-09 22:49:17 · answer #11 · answered by Rockvillerich 5 · 1⤊ 1⤋