But as a juror I'd have a very hard time sending a mother of two very young children to prison for the rest of her life, for a crime that did not (albeit by luck) result in any physical harm. It no longer just impacts only her.
I'm not trying to justify this position in in any legal sense. It is what it is.
But she's 38, and she may have decided that even an 8-10 year sentence would make it impossible for her to have children later, so did it now while she's free.
That's her decision to make, no one can stop her or anything, though that also means only very rarely seeing your child for the first 8-10 years of their life.
If Holmes actually wanted kids IMO it does seem like the stars align for her to do it now while the sociopathic upsides are at their maximum. There's a decent chance the baby will be shrieking in someone's face while she peacefully sleeps in minimum security bunk. She likely won't experience the tantrums, the worst of the sleepless nights, changing diapers, potty training, the worst years of illness and communicable disease, and when she emerges her children will be semi-rational beings capable of logic and physically durable and possibly even independent enough to be left alone briefly while she goes on a trip to the store or a run.
So I really don't blame her for trying to give herself that chance.
She must think she's going to get a short sentence.
As it stands, the kids will be relatively fine, the father's family is apparently wealthy. Dragging them into a life on the run in 3rd world shitholes would be doing those kids a great disservice.
We also don’t want to encourage people with criminal energy to have more children in order to increase their chances of more favorable sentences.
It's interesting to me that "physical harm" is your line, though. Why? Any physical harm, or only some level of severe physical harm?
"Physical harm" vs "wasting investor money" just feels categorically different in a meaningful way to me.
LOL, she's looking at what, an 18 month sentence? Of which she'll serve maybe half?
* She faces maximum charges of many decades in prison. It's unlikely, but you can't count on a short sentence. 10 years is not at all impossible.
Buying it on a prediction market would be the most straightforward way to do this:
but I don't think they have a contract for "likely prison term for Elizabeth Holmes." Maybe in the UK you can buy that?