Illinois Supreme Court considers whether a fetus can be a murder victim

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Illinois Supreme Court considers whether a fetus can be a murder victim
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Illinois Supreme Court considers whether a fetus can be a murder victim twill

In 2007, Reginald Lane shot and killed Jwonda Thurston, his pregnant girlfriend. For the murder, he was sentenced to life in prison, following state statute for someone who is found guilty of killing"more than one victim."

In addition to the question of what constitutes a"victim" under state law, Nouri also argued Lane's sentence was inappropriately applied because the lower courts had sentenced Lane in alignment with the sentence for a double murder. "When a person is convicted of intentional homicide of an unborn child, the sentence they receive for that offense is the same sentence they would receive if they had been convicted of first-degree murder under those same circumstances," Schneider said."So we really don't even need to go to these definitions in the other statutes because the legislature has directed us to apply the same sentence as in murder?" Justice Lisa Holder White asked of Schneider.

As a result of this stop, Lozano was eventually found guilty of burglary to a vehicle and possession of burglary tools. This received some pushback from Chief Justice Mary Jane Theis, who referenced the lower court's opinion on the case. Rubeo also argued that some evidence in Lozano's trial was inappropriately introduced, as it was taken from statements Lozano gave during his arrest, without being given a"Miranda warning," a set of notifications police are required to give people they arrest. These notifications include the right to remain silent, the right to an attorney and the warning that anything a defendant says can be used against them in court, among other things.

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