It is my personal belief that the focus for punishment in the crime should always be the ending of the woman's life. I think I should point out that historically, we have had laws on the books to make the sentencing more harsh whenever a pregnant woman was involved. Prior to the 90's, the focus of this sentencing was always the ending of the woman's life with additional years added to the sentence for ending the pregnancy. To my knowledge, it was not until the late 80's early 90's when the death of the fetus was treated as a second crime with its own sentencing guidelines. To this, I personally do not agree. The ending of the woman's life is the most grievous act and should be dealt with accordingly. In my opinion, levying a second set of charges which lately have held roughly similar sentencing guidelines for the ending of the pregnancy, focuses attention away from the woman's death and makes it seem that the real crime was the ending of the pregnancy, not the ending of the woman's life. Coupled with the media's representation of the crime, it does seem to me that lately we have been valuing the potential life over the woman's life.
In my opinion, the focus of the sentencing should always involve the woman who was killed. Does her homicide warrant the death penalty or the harshest sentence available? Then, after the sentencing for the woman's death, the extinuating circumstances, namely the pregnancy, should be considered for any additional sentencing. This is historically how these crimes have been dealt with in the past. Now, however, it has seemed as though the fetus and sentencing for its death is held above the woman's death.
As to the question of viability, I would have to do more research on it. I have not read where viability was a factor in historical cases or laws. In my opinion, anytime a woman's pregnancy is ended without her consent, especially when she was so close to delivering, is horrific. When our lawmakers sit down to write laws regarding this subject, lately they have made the focus of certain laws the fetus and the violence exerted on the woman becomes a mere footnote. This is also unacceptable to me. When given the opportunity to make the focus of the law the actual woman involved, the lawmakers balk and refuse. Clearly, there is some other agenda at work in the development of these laws.
A minor point, scott peterson stands a good chance at winning an appeal. From what I have read, the case was built upon circumstancial evidence and there were other factors present during the trial. He could get away with everything.