Scott Peterson Charged With Murder

[FOJMO]

Today, Scott Peterson was formally charged with two counts of murder in the deaths of Laci Peterson and her unborn child.

http://www.cnn.com/2003/LAW/04/21/laci.peterson/index.html

I find it very curious (and our church pastor did also, as he addressed this in his Easter homily) that they are referring to his charges as TWO counts of murder, one of them being the unborn child. What's curious is that they are considering the unborn child as a person.

Don't get me wrong, I applaud that they are referring to the child as a person, but would wonder if Laci Peterson had had an abortion somewhere in her pregnancy (earlier or later, for any reason) whether it would have been considered "murder" or not.

One may argue that the fetus was pretty much fully formed, as Laci was 8 months' pregnant, that she was due to deliver a boy, and that they had informally named him Connor. But, therein lies the debate of at what stage of a pregnancy is the unborn child a "person" or not?

Curious...

 

[olena]

I don't think an abortion would've been leagl at 8 months...hence the 'person' status.

 

[whirlsy]

when the baby was found they said it was a full term baby.

 

[wdwnutze]

I think this could really get into a heated debate. I am just glad that they have enough evidence to charge someone in this case.

 

[Serena]

I think at this stage they would charge him with the murder of the baby regardless. It was an 8 month old fetus, if someone wants to argue it in court, they have another battle on their hands.
Most babies are born between 8 and 9 months. I don't think anyone will win the argument that it wasn't a baby and murder.

 

[hpsauce]

...of the law in California? Killing a fetus is murder under their criminal law, so this is considered a double murder, fulfilling the special circumstances requirement for seeking the death penalty. This was according to CNN's legal analyst. In most states and in Canada, killing a fetus, even an 8 or 9 month old fetus, is not prohibited killing as far as I know.

If the question is why the terminology used is "person" and not "fetus", it may be worded that way in the statute, or it may be that the fetus was viable and able to survive outside the womb when it was killed.

hp

 

[Briar Rose 7457]

many states have laws recognizing that you've committed a crime if you kill a viable fetus against the mother's will. so if you murder the mother and the feuts dies, you've committed two crimes. California law considers feticide murder. see feticide laws

 

[Beauty]

I definatly refuse to commit on the abortion issue but I don't think its even a question at 8 months. I can think of 3 children that I know personally who were born at 6 months and survived and are perfectly healthy. I myself was born on January 5th and my due date wasn't until February 28th so thats almost 2 months early. It was definatly 2 murders!

 

[luvindisneyworld]

I DEFINETLY say it was 2 murders.this really upsets me.

 

[Cinders]

Possibly it has to do with how the bodies were found.....which was separately.

ABC's Story

 

[lisajl]

In Ohio, if you kill a woman who is pregnant (and the baby could survive outside the womb, when it was done), you would be charged with murder.
Actually, I think there was a case in Cincinnati where someone cut a woman off on the road, caused an accident which aborted the womans baby. Since she was 7 or 8 months pregnant they charged that person who cut her off with murder.
The "mom to be" survived the accident.
It was a few years ago.
Does anyone else from Ohio remember that case?

Lisajl

P.S. Yes, it is double murder, Conner could have survived had he been born early. And what is with Scott's parents?

 

[Disney Doll]

I agree that it's an issue of the viability of the fetus outside of the mother's womb. At 8 months, that baby certainly would have been able to survive had he been delivered.

Most abortions are done at a point in the fetal development where the baby would not survive outside the mother's womb.

 

[Poohbear123]

Murder! But, what exactly IS the evidence they have against him? The News reports do NOT say. My DH thinks he will walk, cause they have no evidence of Murder on the Body. Where is the Head, did they find that yet?