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No fetal homicide law in NC

Submitted by WWAY on Mon, 01/14/2008 - 6:03pm.READ MORE:

JACKSONVILLE -- The recent murdered Marine case has raised questions about North Carolina laws regarding the death of a fetus. Corporal Cesar Armando Laurean faces charges for the murder of Lance Cpl. Maria Lauterbach, but not of her unborn baby. Currently there are no fetal homicide laws in North Carolina. Representative Carolyn Justice (R-16th) is among the state lawmakers who think Lauterbach's killer should be charged with two murders - hers and her child's. Rep. Justice said, "This baby very probably would have lived if she had delivered. so he in essence did kill two people." Justice supports an unborn victims of violence bill that didn't make it to the general assembly in 2007. It's a bill State Senator Julia Boseman Opposes. Boseman said, "First-degree murder is going to give him life imprisonment or the death penalty. They're going to go away forever or die and adding another charge to it is not going to make them die twice or spend two lives in prison." Justice said people get reduced sentences too often and a fetal homicide bill would help prevent that. "Many of us felt that if you also could be convicted or tried for the death of the fetus, that you would probably get a guarantee that these people would serve some serious time," she said. Gubernatorial candidate Bill Graham said if he is elected, he will aggressively pursue a fetal homicide bill. Senator Boseman said she thinks it's a way for pro-life candidates, like graham, to make headlines. She said, "This is looked at as a back door way of going in and taking away a woman's right to choose and right now the general assembly supports a woman's right to choose, many of us do and given the makeup I don't think a bill like that would have any chance right now." Justice said the bill she supports isn't about abortion and it's about serving justice in cases similar to that of Maria Lauterbach. In 2004 President Bush signed the Unborn Victims of Violence Act into law. Under federal law, any person who causes death or injury to a child in the womb can be charged with a separate offense, in addition to any charges relating to the mother. At least 35 states recognize the unborn child as a crime victim in some circumstances.

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The debate over fetal rights

Submitted by Stinnette Law (not verified) on Fri, 04/16/2010 - 8:12am.

The debate over fetal rights is not new to the legislative arena. Every year pro-life and pro-choice advocates vie for the upper hand in this contentious issue. In recent years, states have expanded this debate to include the issue of fetuses killed by violent acts against pregnant women. In some states, legislation has increased the criminal penalties for crimes involving pregnant women. These laws have focused on the harm done to a pregnant woman and the subsequent loss of her pregnancy, but not on the rights of the fetus.

Abortion vs. Murder

Submitted by Guest1022 (not verified) on Mon, 01/28/2008 - 7:50am.

It sounds like Senator Boseman is trying to cover up her own lack of concern or caring. What has murdering a fetus got to do with aborting a fetus?

NC needs to change laws..

Submitted by Alison (not verified) on Sun, 01/27/2008 - 3:42pm.

Being a marine wife and have had a stillborn myself I am completely aware of how this situation can be complicated. North Carolina may let him get away with killing her baby but the marine corps will not. Plus, he will have to face God. I am totally against abortions and I do not believe that this is an abortion issue. Abortions are when mothers choose to have their babies killed. This is not the case. The residents of NC need to come together and make sure that are governor passes a law that will make charges stick.

Fetal Homicide law

Submitted by Prov31 mom (not verified) on Tue, 01/15/2008 - 5:03pm.

How dare Julia Boseman say that this is the pro-life people's way of going thru the "back door" to push their agenda. This child would have been a living, breathing human being if it had not been murdered. How would she feel if that were her child?

Since the perpetrator in

Submitted by penelope829 (not verified) on Tue, 01/15/2008 - 1:28pm.

Since the perpetrator in this case was a member of the military, couldn't he be charged federally under The Unborn Victims of Violence Act of 2004 (Public Law 108-212)? I read the text of the law, and it appears that this could fall under federal law rather than NC State law...

I have to agree with Sen.

Submitted by Avg wife and mother (not verified) on Tue, 01/15/2008 - 12:46pm.

I have to agree with Sen. Boseman. Everyone is running on emotions and wants justice for all. However you have to stop and think about the doors that will be available to the ones who are against abortion that know how to find loop holes and use it against the female who is requesting an legal abortion. I am shock and disturbed by this story also, but emotions can get in the way at such times as this. I pray for the family and for the Marine Corp family.

Christina Laurean

Submitted by Texican (not verified) on Tue, 01/15/2008 - 11:35am.

I would like to hear more about the involvement of Cpl. Laurean's wife. She is described as a "cooperating Witness". How can you be cooperating, when you lived in a house where a murder took place and you don't report it for over 2 weeks? And you give your husband a 4 hour headstart when he decides to run and then you "discover" the note he left. Something is missing here.

Good Point!

Submitted by Hope101 (not verified) on Tue, 01/15/2008 - 12:32pm.

Thought about the same thing myself. Makes you wonder if he worked alone hmmmm?

Fetus Laws

Submitted by Guest7969 (not verified) on Tue, 01/15/2008 - 10:22am.

Well, and hear me out because I am on your side here. The US Government needs to figure out JUST WHERE they stand on the human fetus. It is LEGAL to MURDER a child, what they call a fetus. So how can ANY state pass a "fetus" law when a fetus is defined by federal law as NOTHING. Either a fetus IS something or ISN'T something. You can't be on both sides of the fence here. What this guy did to this woman and her baby is ABSOLUTELY NO DIFFERENT than what countless women do EVERY DAY at abortion clinics. NO DIFFERENCE! Our Government needs to get on one side of the fence and stay there. You cannot allow termination of babies every day in abortion clinics then say...ITS MURDER when it's taken another way. Either it IS or ISN'T murder...plain and simple

Forced abortion

Submitted by bens daddy (not verified) on Tue, 01/15/2008 - 10:15am.

Isnt there a law that prevents taking a fetus by force? Certainly in the report by sheriff Brown we were all a bit emotional when he discribed seeing the little hands clasped. The hands that had burned off of the arm, yet were still intact. To see what an eight and a half month old fetus looks (no its not an anti-abortion site) like go here http://www.ehd.org/movies.php?mov_id=131

fetal homicide

Submitted by chacoptaco (not verified) on Tue, 01/15/2008 - 8:18am.

i asked my husband the other day why this man was not charged with two counts of murder. now i know. Gov. Easley is up for re-election this year along with quite a few other long term polititians. time to sweep out the house.

Nothing to do with woman's rights

Submitted by Woman (not verified) on Tue, 01/15/2008 - 8:01am.

How could any one think this has anything to do with a woman's rights to choose? What about the rights of the child Maria Lauterbach was carrying? Obviously Lauterbach had already made her choice to give her child life. Laurean took her woman's right to choose away. Did Boseman ever stop to think that one day that child could have been a woman too? Is the only time we consider them a worthy of laws to protect them once the are a live birth and then a potential voter? If someone kills a pregnant woman or harms her in any way that causes her to loose her unborn child that person is taking away a "woman's right to choose" just as much as any law would. Shouldn't Boseman be fighting just as hard against these murders as she is against this fetal homicide law? Maybe she isn't for a woman's right to choose as she says she is.

Julia Boseman's comments are

Submitted by Guest Yeah (not verified) on Tue, 01/15/2008 - 7:48am.

Julia Boseman's comments are shocking. Write her if you agree. She needs some input and edification apparently, if she isn't able to tell the difference between abortion and homicide. There are distinctions, and I have no doubt the pro-lifers would blur them the same way she has, but in this case we are talking about justice, not a woman's right to choose. Pull your head out of it, Julia.

To the unborn child there is

Submitted by WilmMan on Tue, 01/15/2008 - 1:26pm.

To the unborn child there is no difference between an abortion and a homocide

The end result is the same,

Submitted by Guest Yeah (not verified) on Tue, 01/15/2008 - 6:32pm.

The end result is the same, I will give you that. However there is a world of difference between the events leading up to a woman choosing, and having that choice literally ripped away from here. There is a difference in intent, that is protected by the law. Abortion is illegal. Murder in the commonly accepted sense is not. This issue should be dealt with independently from abortion.

GAH..The above should have

Submitted by Guest Yeah (not verified) on Thu, 01/17/2008 - 7:24am.

GAH..The above should have read "Abortion is LEGAL". My kingdom for an edit feature... ;0

Julia's Comments

Submitted by Can't Wait to Leave NC (not verified) on Tue, 01/15/2008 - 11:57am.

I glad she's not my representative! She doesn't have a clue about the difference between right to choose and Homicide. Yes, Julia, we need to make sure a woman has a right to choose to be murdered or not. Call Montgomery, AL, and speak to someone with the State Legislature and she how they handled it. Maybe they can enlighten you and your liberal cohorts.

I'm Not Surprised...

Submitted by the truth (not verified) on Tue, 01/15/2008 - 6:09am.

I'm not surprised that a law like this does not exist in NC. In some towns in NC, a man still has the right to beat his wife as long as whatever weapon he uses (stick, switch) is not over a certain length. Women always take a back seat when it comes to rape, spousal abuse, etc. Why should this be any different?

Way to tell an "untruth" The

Submitted by Scally Wagg on Tue, 01/15/2008 - 10:30am.

Way to tell an "untruth" The Truth wrote:In some towns in NC, a man still has the right to beat his wife as long as whatever weapon he uses (stick, switch) is not over a certain length. This statement is ABSOLUTELY UNTRUE. Ironic it was written by " the truth"

Please cite the statute...

Submitted by sdsurfer (not verified) on Tue, 01/15/2008 - 10:00am.

Please cite the statute that allows this.

Absolutely Ridiculous!

Submitted by Heather (not verified) on Tue, 01/15/2008 - 12:14am.

I'm really angry that NC does not have the fetal homocide law! That's BS! This US Marine should be charged with two counts of First Degree Murder!!

No homicide charge for murdered baby

Submitted by Janice Weinshenker (not verified) on Mon, 01/14/2008 - 9:01pm.

I think it is totally absurd that there is no law on the books in NC that punishes people charged with murdering a pregnant woman with TWO counts of felony murder. Especially considering the fact that the young woman who was so brutally killed was EIGHT months along. She could have given birth and that baby would have lived. This monster took 2 lives so he should be punished appropriately! I haven't lived in NC long, but it seems like we are living in the dark ages here.

"First-degree murder is

Submitted by Absurd (not verified) on Mon, 01/14/2008 - 7:02pm.

"First-degree murder is going to give him life imprisonment or the death penalty. They're going to go away forever or die and adding another charge to it is not going to make them die twice or spend to lives in prison." Hmmmmm....so the next time a serial killer gets caught, let's just charge him/her with only one of the murders. The others don't count since the killer can only die once. Ms. Boseman's comments are absurd.

Fetal homicide

Submitted by Glenda Campbell... on Mon, 01/14/2008 - 6:26pm.

Fetal homicide laws in every state of the whole United States of America should be passed without delay. A fetal is relating to a fetus which is an unborn. All human beings should have a right in the eyes of our law. Just because you are not born yet doesn't mean you don't exist or have a right to be live in the eyes of all of us. This is true whenever a life is taken with murder to its mother. There is never enough charges in court for a murderer of any kind. Two life sentences is a whole lot better than one in the eyes of the families of a murdered victim! Maybe passing a law of a crime such as murder to a mother and an unborn child should be passed first. Crime is crime no matter how you look at it.

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