I'm just curious as to what kind of sentences Kate might get for the crimes she committed if she were captured or turned herself in (assuming they are rescued at the very end of the show).

I've read people asserting she has mitigating circumstances for the initial murder. But even if that were so, the string of crimes she committed after that would still bring some hefty penalties surely. Bank robbery anyone? A fellow fan pointed out that depending on the state Kate was charged in, she could even be up for the death penalty for Wayne's murder if she was found guilty of 1st degree murder. Which I believe is wilful premeditated homicide?

Any US law experts out there who could shed some light?

I mean think about it, we have a federal marshall given full authority and financing to traipse half way across the world to bring her back to stand trial for her lengthy list of crimes, some of which are felonies I believe.

Now I'm not saying Kate is a bad person, or anything like that. I just think we need to remember that she did make choices which we cannot brush off as inconsequential to her future. I personally don't think any of the actions/crimes she did was justified, even though I can understand why she ended up perpetrating them.

I'm not a crime expert, but from what I have seen, I think Kate would probably get life in prison. Maybe she would likely serve 15-25 years of that, and be paroled on "good behavior".

Yeah i agree.

Let's look at it objectively:

As far as we know, Kate was not in immediate danger, nor was she in fear of harm. She took out an insurance policy for the house.

How can she get off a premeditated murder charge?

Other crimes:

Bank robbery.
Resisting arrest.
Assaulting a federal officer.
Manslaughter or reckless endangerment leading to death?

Anything else?

I think it depends on who her lawyer is. Seriously. She probably could get anything from manslaughter to life without parole. I'd doubt the death penalty because of the circumstances.

well i'm no law major or anything but i am taking a law class right now and i think that almost all of the crimes that we know she has done, are felonies(punishable with a year or more in prison). For the murder of Wayne it would probably be 1st degree because it was premeditated. With Tom it could be 1st degree manslaughter. Those two put her at around 30-40 years at least. the only mitigating circumstances that i could think of would be being stuck on an island for how ever long they will end up being on it.

For Tom's death it would be most undoubtedly 2nd Degree Manslaughter because it wasn't planned accident.

true, but when she ran, they could say that she didn't care about him.

None, until she has a trail and is proven guilty

I think it depends on who her lawyer is. Seriously. She probably could get anything from manslaughter to life without parole. I'd doubt the death penalty because of the circumstances.Depends, too, on what state she is tried in. I would assume the federal government would attempt to try her first, as her crimes cross state lines, but each state in which she committed a crime would be in there as well. And the key, to my knowledge, about whether or not prosecutors would attempt to get a death penalty judgement, is whether or not another malicious crime was committed in conjunction with the capital offence. For instance, homicide might not get a person the death penalty, but homicide of someone the person had kidnapped might.

So, the killing of her stepfather, as premeditated as it was, probably wouldn't get her the death penalty, as she didn't commit the crime in conjunction with any other. But I don't remember... did she kill any of her fellow bank robbers during the robbery, or did she just disable them? If she killed them, a prosecutor might try to get her the death penalty.

And remember, by the way, she might have committed other crimes we don't know about.

Would not the taking out an insurance policy on the house and then blowing it up not constitute a crime of attempted fraud? Not sure.

I presume since the marshal had federal authority to travel to another country to apprehend her, that her list of crimes were fairly hefty felonies etc. Sorry not up with US law though as to what would enable a nationwide and then global manhunt for her.

Yeah thats a good point.

I presume since the marshal had federal authority to travel to another country to apprehend her, that her list of crimes were fairly hefty felonies etc. Sorry not up with US law though as to what would enable a nationwide and then global manhunt for her.Either the crimes were, as you've said, "fairly hefty," or there were lots of them. Any time a criminal crosses state lines, federal authorities are obliged to get involved. But normally, it seems to me, what happens when a criminal leaves the US is that the US relys on the authorities of the country to which she went to capture her, and extradite her back to the US. Things must be pretty rough for a US Marshal to get the jurisdiction to do his work in a foreign country. That's what makes me think there are plenty of crimes Kate committed that we don't know about.

i was thinking that she could claim that she didn't know that wayne was in the house and she was simply committing insurance fraud by blowing up the house

I'd like to pose a related question: Is there any way Kate could go back to "the world" yet end up NOT spending the next 15-25+ years in prison?

The only way I can see is if she would make a deal to testify against Dharma, or perhaps to work undercover to gain information. I don't think her testimony alone would be very valuable, since to date she doesn't know anything that other Lostaways don't know.

If she went to jail or died, I'd be sad.:frown:

Kate's a free spirit and I would hate for her to be locked up.

My guess is fifthteen-twenty-five years of incarceration.

Why is everyone so certain Kate killed Wayne? We didn't actually see her do it. She rode off on the motorcycle and some time after, who knows how long, the house exploded. The assumption that she blew up the house is strictly circumstantial from the information we were given.

Why is everyone so certain Kate killed Wayne? We didn't actually see her do it. She rode off on the motorcycle and some time after, who knows how long, the house exploded. The assumption that she blew up the house is strictly circumstantial from the information we were given.

she started a gas leak knowing that he would light his cigerette before he went to bed and even if he didn't light it he would have suffocated instead.

she started a gas leak knowing that he would light his cigerette before he went to bed and even if he didn't light it he would have suffocated instead.

Wait, how do you know he lit a cigarette? I thought he just passed out in bed. This is always what confused me because we don't know what exactly made the house explode. I don't think a gas leak really makes sense because something still would of had to ignite the gas, in which case Kate definitely wouldn't have been playing with lighter right before Wayne came home.

Wait, how do you know he lit a cigarette? I thought he just passed out in bed. This is always what confused me because we don't know what exactly made the house explode. I don't think a gas leak really makes sense because something still would of had to ignite the gas, in which case Kate definitely wouldn't have been playing with lighter right before Wayne came home.

In order for the house to explode as completely as it did it would have to be filled with gas. I agree that she would not have been playing with the lighter if that was the case at the time Wayne came home. She could have turned the gas on when she left but it would have taken hours before it was filled with enough gas to explode so completely. This does not seem like a very clever plan because she wouldn't be able to predict what would happen. Wayne could smell the gas before it blew up and turn it off. Or if he did pass out he would not be the one to cause it to ignite so she would have had to leave some sort of detonator although that was never mentioned. Kate was quite a thorough person so she would not have left it to chance and she was quite certain that the house did/will explode when she talked to her mother which was most likely before it exploded.

Also consider that Wayne smelled something when Kate was walking him to the bedroom through the kitchen. The knobs on the gas stove were all in the off position so most likely it was not gas he was smelling. And he never said what it was that he smelled. Most likely he would have known the smell of gas. This was inserted to make us think he was smelling gas. He did smell something though, although not gas. It is a clue to what really happened.

OK I'm not sure about the american law thing or law at all but since Kate's mam has probably died from cancer there will be no one to testify and accuse her of murdering Wayne, so they can't charge her if they have no proof or evidence..... I don't really know wat I'm talking about but thats what I though, so she can only be charged with the bank robbery and 2nd degree manslaughter right.... or not.....:confused:
I would be gutted if Kate went to jail nd I'd cry my heart out too..:frown:

In order for the house to explode as completely as it did it would have to be filled with gas. I agree that she would not have been playing with the lighter if that was the case at the time Wayne came home. She could have turned the gas on when she left but it would have taken hours before it was filled with enough gas to explode so completely. This does not seem like a very clever plan because she wouldn't be able to predict what would happen.

It WASN'T a very clever plan. As the marshal said, "Amateur hour--from start to finish." First she took out an insurance policy on the house; then she hung around waiting for Wayne to come home, playing dangerously (suicidally?) with a lighter;; then she took off as the house was exploding behind her, went to the diner and basically confessed to her mother, in front of at least one witness (I checked when I watched the DVD); then her mother called the police; then she went to see her father, who ALSO called the police. Even if Kate's mother can no longer testify, it would be on record that she had called the police.

It WASN'T a very clever plan. As the marshal said, "Amateur hour--from start to finish." First she took out an insurance policy on the house; then she hung around waiting for Wayne to come home, playing dangerously (suicidally?) with a lighter;; then she took off as the house was exploding behind her, went to the diner and basically confessed to her mother, in front of at least one witness (I checked when I watched the DVD); then her mother called the police; then she went to see her father, who ALSO called the police. Even if Kate's mother can no longer testify, it would be on record that she had called the police.

And this is the same Kate that arranged for the bank robbery just to get the plane from the safe deposit? Are you saying that the writers want us to see her as both a total moron and a clever schemer? I don't think so. I think there is more to Wayne's death. In the end even the Marshall believed her mitigating circumstance.

Staging a bank robbery to get a damn toy airplane (injuring several people in the process, and putting a great many more in danger) is, to me, not "clever." It's . . . insane. "Whatever the Case May Be" is my least favorite episode of LOST ever.

Staging a bank robbery to get a damn toy airplane (injuring several people in the process, and putting a great many more in danger) is, to me, not "clever." It's . . . insane. "Whatever the Case May Be" is my least favorite episode of LOST ever.

It may not be clever in the sense that the objective wasn't worth the trouble, but I was referring to detailed planning in the execution of the bank robbery in contrast to the alleged blowing up of Wayne.

Keep in mind we don't know how much time passed between Wayne's death and the bank robbery.

And personally, the "mitigating circumstances" are crap, I think. I know people who've been in situations like that; you get yourself out, which she already had done, and you get others out if you can, which she was trying to do. She blew a person up, people, and committed insurance fraud in the process. She let Tom stay in the car when she knew they'd get shot at. She robbed a bank for a keepsake, and shot three people in the process (no, she didn't kill them, leg shots). Remember how she saved the guy who turned her in? Where's that compassion when the marshal hits the tree and gets knocked unconscious? Yes, he was trying to arrest her, but that's serious injury. She may as well have left him to die. Which confuses me, because she "couldn't bring herself" to shoot him later when he was dying.

Define "good person" however you want. I get that she isn't entirely evil, but she's far from someone I'd want babysitting for me.

Keep in mind we don't know how much time passed between Wayne's death and the bank robbery.

And personally, the "mitigating circumstances" are crap, I think. I know people who've been in situations like that; you get yourself out, which she already had done, and you get others out if you can, which she was trying to do. She blew a person up, people, and committed insurance fraud in the process. She let Tom stay in the car when she knew they'd get shot at. She robbed a bank for a keepsake, and shot three people in the process (no, she didn't kill them, leg shots). Remember how she saved the guy who turned her in? Where's that compassion when the marshal hits the tree and gets knocked unconscious? Yes, he was trying to arrest her, but that's serious injury. She may as well have left him to die. Which confuses me, because she "couldn't bring herself" to shoot him later when he was dying.

Define "good person" however you want. I get that she isn't entirely evil, but she's far from someone I'd want babysitting for me.

So quick to condemn without ever hearing her side of the story. What if she didn't really kill Wayne but only helped him commit suicide? -- What Kate didn't do (http://www.thefuselage.com/Threaded/showthread.php?t=52612)

I would sentence Kate to about a couple hours... In my arms!!!!!! :kiss:

So quick to condemn without ever hearing her side of the story. What if she didn't really kill Wayne but only helped him commit suicide? -- What Kate didn't do (http://www.thefuselage.com/Threaded/showthread.php?t=52612)

Well, I can't quite agree with that theory, because there's no supporting evidence for it. I'm not a fan of the "argument from ignorance" fallacy myself. Interesting idea, though, and I'll grant you that there're things about that night that don't make sense. But why wouldn't her mom know about the tumor? Why wouldn't her mom be in on the plot? What about that conversation with her "dad" where they talk about why he never told her? And you can tell in the conversation where Kate confesses to her that her mom thought she committed murder, and the broken wrist that her mom has is the big elephant in the room. So canon-wise, I'm going to have to disagree.

Maybe the Easter Bunny really killed Wayne and that's why Sawyer, who was later "possessed" by Wayne, was reading Watership Down? That's about as unlikely as I find your theory to be, sorry to say.

And again, keep in mind, she shot three men (not good men, but still human beings) to get back a keepsake and scared the crap out of a bunch of people, and nearly got a manager killed. She got Tom killed in circumstances where she really should have known better than to think they'd get out scot-free.

But the point is we have heard her side of the story. That's what flashbacks are all about. Now the writers might be pulling a fast one on us, and if so, yay them, but we're supposed to see Kate as a criminal at this point, and all the castles in the air won't stop that.

Well, I can't quite agree with that theory, because there's no supporting evidence for it. I'm not a fan of the "argument from ignorance" fallacy myself. Interesting idea, though, and I'll grant you that there're things about that night that don't make sense. But why wouldn't her mom know about the tumor? Why wouldn't her mom be in on the plot? What about that conversation with her "dad" where they talk about why he never told her? And you can tell in the conversation where Kate confesses to her that her mom thought she committed murder, and the broken wrist that her mom has is the big elephant in the room. So canon-wise, I'm going to have to disagree.


What I was offering is one possible maybe even plausable explanation of what happened. True, it is based on speculation by reviewing the scene as well as references from other episodes. I offer no proof. On the other hand there is no proof that Kate actually did commit the murder. We do not see her turning on the gas or setting an incindiary device to cause the explosion. The only proof we have is the insurance and her conversation with her Diane. This makes her at least an accomplice to what happened but not necessarily more. If Wayne did have a tumor it would not make any difference whether Diane knew about it or not. If Wayne did commit suicide he might not have wanted to include Diane in this for his own reasons. He might only have needed to include Kate only because of the insurance. In any case I would not call it canon because you are ignoring the fact that she did say that there are mitigating circumstances and the Marshall believed her in the end and the bottom line is that there is no smoking gun evidence. Until you hear her side of the story it is simply speculation whether you belive she did it or not.

As for the conversation between Kate and Sam it doesn't add much except that he knew that Kate had a motive and Sam felt she is capable. However I made an attempt to interpret that confusing interchange and this is what I came up with -- Kate & Sam (http://www.thefuselage.com/Threaded/showpost.php?p=1039351&postcount=98)

Thanks for the link, I'll check it out.

I would sentence Kate to about a couple hours... In my arms!!!!!! :kiss:

haw haw haw...id second that!