Monstrous Mothering: Understanding the Causes of and Responses to Infanticide.

The deliberate killing of a child by its mother is abhorrent and is associated in the minds of many with mental illness and in particular with postnatal depression. However, at least 50% of perpetrators are neither "mad" nor "bad", and mothers who kill children are not "unhinged" by pregnancy or childbirth. We propose a different explanation: "blind rage" or "overwhelmed syndrome", whereby parents, stressed to breaking point by sleep deprivation or incessant baby crying, respond by lethally harming their child contrary to previous behaviour. The roots of this blind rage may be found in psychosocial disturbances, including the mother's own unsatisfactory experience of parenting which has caused attachment disorders. The legal framework guiding decisions to prosecute and structuring sentencing decision-making following conviction should acknowledge the exceptional stress experienced by such mothers postnatally. Health professionals including midwives and obstetricians should increase their vigilance and arrange referrals for mothers at risk of causing harm or committing infanticide.

[Regulatory evolution of the crime of infanticide]. / Evoluzione normativa del delitto di infanticidio.

The objective of the present study consists of the juridic-anthropological analysis of the infanticide, a phenomenon that nowadays is highly existent within the context of crime-settings. Particular consideration has been given to the legal developments of the infanticide act, which occurred simultaneously with the mutation of the socio-cultural contexts. Because the legislative process of the infanticide act has not evolved since 1981, it was possible to underline the criticisms and the inadequacy of such norm. Indeed, the legal norm has not always been able to provide an exhaustive answer concerning cases of infanticide. The process of humanisation of the law led to the introduction of a legal system, which describes the infanticide act as a condition of material and moral abandonment. This has become uncertain and ambiguous to interpret, risking to relegate the legislative matters of infanticide only to exceptional cases. The current study aims to highlight the criticisms and hypothesised different reform perspectives.

Nepal - exploited by older married man - young unmarried mother accused of infanticide.

In Nepal, it is considered sinful for a woman to have sexual intercourse before marriage while the male is exonerated. The female will be branded a loose character outcast by family and society. Only a small percentage of women who feel the other way and stand mentally strong or who have family support come out to seek justice. Despite the stringent law, the loopholes in the justice mechanism re-victimise female victims. We report a case where a young unmarried pregnant woman who gave birth alone was charged with infanticide.

Gender differences in legal outcomes of filicide in Austria and Finland.

Female offenders of filicide have been found to receive more lenient legal handling than male offenders. We aimed to discover these possible gender differences in the legal outcome of filicide cases. This was a binational register-based study covering all filicide offenders in Austria and Finland 1995-2005. We examined the legal outcomes of the crimes of all living offenders (64 mothers and 26 fathers). Mothers received a conviction of murder and life imprisonment less often than fathers. Within psychotic and personality-disordered offenders, infanticides, and offenders convicted for life, gender differences were less evident. Even though there seems to be some gender differences within the legal outcomes of filicide, ruling seemed more consistent than expected within distinct subgroups of offenders. Gender-based assumptions should not hinder equal and just handling of filicide cases.

Infanticide and American criminal justice (1980-2018).

Maternal infanticide, or the murder of a child in the first year of life by its mother, is a subject both compelling and repulsive. The victim is innocent, but the perpetrator may be a victim too. In the USA, mentally ill women who commit infanticide may receive long prison sentences or even the death penalty. England, Canada, Australia, and more than 20 European countries have "infanticide laws," which provide more humane treatment and psychiatric care for mentally ill mothers who kill. One of the reasons for the sentences in the USA lies in our archaic insanity defense. In addition, the psychiatric community does not recognize perinatal illness as a formal diagnosis. Furthermore, general forensic psychiatrists who testify in the courtroom have little knowledge of perinatal illness. I suggest that it is time to invite psychiatrists and psychologists as clinicians and scientists to partner with our legal representatives in the courtroom in order to determine laws based on psychiatric facts and not conjecture. The voices of perinatal mental health advocates must continue to be heard in all courtrooms of the USA.

Maternal Infanticide and Filicide in a Psychiatric Custodial Institution in Hong Kong.

OBJECTIVE: The aim of this study was to review the history, legislation, and psychiatric perspective of filicide, to compare the characteristics of mothers who committed neonaticide versus infanticide, and to discuss the infanticide law in Hong Kong. METHODS: Data of mothers remanded to the Siu Lam Psychiatric Centre from 2008 to 2016 for filicide were reviewed, as were data of filicide from the Child Fatality Review Reports published by the Social Welfare Department. RESULTS: From 2008 to 2016, eight mothers were remanded to Siu Lam Psychiatric Centre for filicide. Four were convicted of infanticide; the other four were convicted of manslaughter. Those convicted of infanticide were single and aged <18 years. They had concealed their pregnancies and received no antenatal care. They delivered at home and then either smothered or abandoned the newborn. They reported no suicidal attempts after the index offence and had no record of mental illness. They were given supervision orders instead of prison sentences. In contrast, those convicted of manslaughter were in their 30s and married. They were documented to have killed the victims by charcoal burning, strangulation, mutilation, or defenestration. They all attempted suicide immediately after the killing and had histories of mental illness: paranoid schizophrenia (n = 2), severe depressive disorder with psychotic symptoms (n = 1), and recurrent depressive disorder (n = 1). They were sentenced to Hospital Orders for unspecified periods. CONCLUSIONS: In Hong Kong, the incidence of maternal filicide is low. However, the infanticide provision grants leniency to mothers, including those who show no evidence of mental illness.

Fetal Alcohol Syndrome Disorder: diminished responsibility and mitigation of sentence.

OBJECTIVE: The objective of this study was to consider the implications of a recent Western Australia Court of Appeal decision in which an indigenous youth who had been sentenced for the manslaughter of his neonate child was later diagnosed with Fetal Alcohol Syndrome Disorder. CONCLUSION: The increased use of the 2016 Australian guide to the diagnosis of fetal alcohol spectrum disorder should be encouraged to enable clinicians to not only diagnose and manage Fetal Alcohol Syndrome Disorder, but also counsel families to prevent it.

From Crime to Disease: Laws on Infanticide in the Modern Era.

This is the third of three papers investigating the legislative history concerning infanticide. After Antiquity and the Middle Ages, this paper focuses on legislative reforms during the last 400 years. Despite dreadful punishment, the practice remained frequent until safe abortion became available. In the 17th century, the rate of executions of women for this crime was 1 per 100,000 inhabitants. The actual incidence greatly exceeded this figure. The death penalty failed to deter, and punishing fornication promoted rather than prevented infanticide. Well into the 18th century, severely malformed infants were killed. The lung flotation test, albeit unreliable, was used to save the mother from the death penalty. When the motives for infanticide - poverty, shame, despair, and preserving honour - became understood in the late 18th century, the image of the 'child murderess' changed, and infanticide shifted from constituting a capital crime to a privileged delict. Illegitimate pregnancy was no longer punished, and lying-in hospitals for pregnant unmarried women and foundling hospitals for their children were established. Specific infanticide laws were issued in Prussia in 1756, Britain in 1803, and France in 1811. Once psychosis and denial of pregnancy became understood, severe penalties were no longer issued. The justifications for lenient legislation included social circumstances, difficult proof, and curtailed protection of the newborn due to its illegitimacy, helplessness, and diminished awareness. Thoughts on the limited right to live of newborn infants are still hampering ethical decisions when the beginning and end of life are near each other.

From Right to Sin: Laws on Infanticide in Antiquity.

This is the first of three papers investigating changes in infanticide legislation as indicators of the attitude of states towards the neonate. In ancient East Asian societies in which the bride's family had to pay an excessive dowry, selective female infanticide was the rule, despite formal interdiction by the law. In Greece and Rome children's lives had little value, and the father's rights included killing his own children. The proportion of men greatly exceeding that of women found in many cultures and epochs suggests that girls suffered infanticide more often than boys. A kind of social birth, the ritual right to survive, rested on the procedure of name giving in the Roman culture and on the start of oral feeding in the Germanic tradition. Legislative efforts to protect the newborn began with Trajan's 'alimentaria' laws in 103 CE and Constantine's laws following his conversion to Christianity in 313 CE. Malformed newborns were not regarded as human infants and were usually killed immediately after birth. Infanticide was formally outlawed in 374 CE by Emperor Valentinian.

From Sin to Crime: Laws on Infanticide in the Middle Ages.

This is the second of three papers investigating the legislative history concerning infanticide. It compares the efforts of various states to protect the newborn infant between 534 and 1532 CE. When the Roman Empire collapsed in the 5th century, the jurisdiction of infanticide was relegated to the church, which regarded carnal delicts a sin rather than a crime. The punishment - public penance of the mother for 7-15 years - was milder than that which the murder of an adult would incur. The Council of Florence decreed in 1439 that the souls of children who died without having been baptized descend to hell. This turned infanticide from a penitential sin to the most heinous of all crimes. The states passed laws that abominated infanticide even more than the murder of older humans and punished women with ever more cruel forms of execution. Towards the men, however, who usually abandoned the women they had impregnated, the laws were lenient. Churches and society continued to vilify illegitimate birth, thus enhancing rather than preventing infanticide. The Habsburg-German legislation of 1532 ordained to torture any woman who had concealed pregnancy and birth and claimed the infant was stillborn. Legislation developed similarly in other countries, albeit at a different speed. French (1556) and British (1623) legislation reversed the burden of proof and demanded the death penalty for concealing pregnancy and birth when a dead infant was found.

Anonymous birth law saves babies--optimization, sustainability and public awareness.

The aims of this study are to assess the impact of Austria's anonymous birth law from the time relevant statistical records are available and to evaluate the use of hatches versus anonymous hospital delivery. This study is a complete census of police-reported neonaticides (1975-2012) as well as anonymous births including baby hatches in Austria during 2002-2012. The time trends of neonaticide rates, anonymous births and baby hatches were analysed by means of Poisson and logistic regression model. Predicted and observed rates were derived and compared using a Bayesian Poisson regression model. Predicted numbers of neonaticides for the period of the active awareness campaign, 2002-2004, were more than three times larger than the observed number (p = 0.0067). Of the 365 women who benefitted from this legislation, only 11.5% chose to put their babies in a baby hatch. Since the law was introduced, a significant decreasing tendency of numbers of anonymous births (p = 047) was observed, while there was significant increase of neonaticide rates (p = 0.0001). The implementation of the anonymous delivery law is associated with a decrease in the number of police-reported neonaticides. The subsequent significantly decreasing numbers of anonymous births with an accompanying increase of neonaticides represents additional evidence for the effectiveness of the measure.

,,Flora and fauna" in criminalistics - an analysis of the current use and relevance of non-human biological trace materials in criminal proceedings.

The analysis of biological, non-human trace specimens can contribute significantly to solving a criminal case. The present study searches the relevant German criminal, forensic, legal and biological literature, focusing on animal hairs, insects and plant fragments, and assesses the current opportunities of this special forensic branch and its acceptance and relevance for the evidence in court. It turns out that the analysis of these trace materials has an enormous range of potential applications which should not only be reflected in the forensic sciences, but also in the criminal trials. However, in the legal literature and legal annotations the topic of biological, non-human trace materials is addressed only sporadically. To derive the greatest practical benefit from the developments of forensic biology, the knowledge about the use of biological, non-human trace specimens should be promoted for the criminal proceedings. Investigators, judges, prosecutors and defense lawyers should be more thoroughly informed and become trained by forensic biologists.

Recomendação no 018, de 08 de outubro de 2015: recomenda ao Senado Federal a rejeição do PL nº 1057/2007 aprovado na Câmara dos Deputados que trata do tema infanticídio indígena / Recommendation No. 018, of October 8, 2015: recommends to the Federal Senate the rejection of PL No. 1057/2007 approved by the Chamber of Deputies, which deals with the issue of indigenous infanticide

Recomenda ao Senado Federal a rejeição do PL nº 1057/2007 aprovado na Câmara dos Deputados que trata do tema infanticídio indígena.

Infanticide and illegal infant abandonment in Malaysia.

Infant abandonment and infanticide are poorly understood in Malaysia. The information available in the public arena comes predominantly from anecdotal sources. The aim of this study was to describe the prevalence and characteristics of infanticide and illegal infant abandonment in Malaysia and to estimate annual rates for the most recent decade. Summaries of data about infanticide and illegal infant abandonment were gathered from police records; the annual number of live births was ascertained from the national registry. The estimated inferred infanticide rates for Malaysia were compared with the infanticide rates among countries of very high, high, medium, and low rankings on the Human Development, Gender Inequality, and Gini indices. From 1999 to 2011, 1,069 cases of illegal infant abandonment were recorded and 1,147 people were arrested as suspected perpetrators. The estimated inferred infanticide rate fluctuated between 4.82 and 9.11 per 100,000 live births, a moderate rate relative to the infanticide rates of other countries. There are substantial missing data, with details undocumented for about 78-87% of cases and suspected perpetrators. Of the documented cases, it appeared that more boys than girls were victims and that suspected perpetrators were predominantly Malays who were women, usually mothers of the victim; the possibility of arrest bias must be acknowledged. Economic and social inequality, particularly gender inequality, might contribute to the phenomena of infanticide and abandonment. Strategies to reduce rates of infanticide and illegal infant abandonment in Malaysia will require strengthening of the surveillance system and attention to the gender-based inequalities that underpin human development.

[Identification of an exhumed unknown infant through DNA analysis]. / Identifizierung eines exhumierten unbekannten Säuglings mittels DNA-analyse.

The article reports on the exhumation and subsequent DNA analysis of the skeletal remains of an unknown male newborn from 1988. Molecular biological methods confirmed the maternity of a woman who was already convicted of infanticide. Since homicide could not be clearly proven and manslaughter becomes barred by the statute of limitation after 20 years, the woman cannot be held accountable for the alleged killing of her first child.

Beyond pragmatism: defending the 'bright line' of birth.

It is usually accepted by ethicists that birth does not alter moral status. Rather, it is thought that the rule according full legal rights at birth is pragmatic. Pragmatic reasoning is vulnerable to competing practical concerns and stronger moral principles. This 'bright line' has therefore been criticised both by those who believe personhood begins before birth and those who believe it begins afterward. In particular, a recent article by Giubilini and Minerva puts forward both pragmatic and moral arguments in favour of permitting infanticide, and the New South Wales Court of Criminal Appeal has suggested there is a strong case for abandoning the bright line (R v Iby (2005) 63 NSWLR 278). If we desire to defend current legal doctrine against such criticism, a medical and philosophical basis for the law should be articulated. This article suggests such a medical and philosophical basis. It argues that both the multiplicity of biological changes occurring in the neonate at birth and the extrauterine context (the world) provide a justification for the distinction drawn at law between abortion and infanticide. With reference to Robert Nozick's 'experience machine' thought-experiment and elements of phenomenological philosophy, it advances two propositions to explain the status-changing nature of the neonate's emergence out of the womb. First, that expressing sentience in the world is essential for the attainment of personhood. Second, that having become a person, the harm in killing is disruption of this engagement with the world and the reduction from personhood to non-existence. This is the distinction between a neonate's death and the termination of a foetus, underscoring the qualitative difference between the two sides of the bright line drawn in law.