Home / Crime and Justice / Infanticide Laws: A Century of Debate
Infanticide Laws: A Century of Debate
1 Aug
Summary
- Around two dozen countries have infanticide laws offering leniency.
- US has few laws; only Illinois considers postpartum illness in sentencing.
- England's law, nearly a century old, influences global statutes.
A debate on infanticide laws, influenced by nearly a century-old English statute, continues globally. While about two dozen countries offer leniency for mothers killing children postpartum, the US has been slow to adopt such measures.
England and Wales established statutes allowing courts to treat infanticide differently, often resulting in mental health treatment instead of prison. These laws, still active, have inspired similar legislation worldwide.
In the US, only Illinois permits consideration of postpartum mental illness during sentencing after a guilty finding. Other states, like Massachusetts, have debated similar laws, especially in light of recent high-profile cases.
The legal and public perception of mothers who kill their children is complex, often oscillating between viewing them as evil or mad, influenced by societal biases and stereotypes.
Postpartum psychosis, a severe condition affecting a small percentage of mothers, presents unique challenges for legal definitions of insanity due to its fluctuating nature and potential lack of prior mental health history.
Debates persist on whether gender-specific laws are appropriate and if the existing insanity defense sufficiently addresses postpartum mental illness, raising questions about fairness and equity.
Legislation in Illinois and proposed bills in Massachusetts aim to provide sentencing considerations for postpartum mental illness, connecting mothers with treatment rather than solely punishment.
