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Ambivalence toward mothers who kill: An examination of 45 U.S. cases of maternal neonaticide
Author(s) -
Shelton Joy Lynn E.,
Muirhead Yvonne,
Canning Kathleen E.
Publication year - 2010
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.937
Subject(s) - culpability , ambivalence , homicide , legislation , personhood , psychology , poison control , criminology , psychiatry , childbirth , medicine , suicide prevention , pregnancy , medical emergency , social psychology , law , political science , biology , genetics
Public opinion about neonaticide (the killing of a newborn within the first 24 hours of life) has varied across time and cultures. Some nations have passed legislation on behalf of maternal offenders with the assumption that childbirth, a time of unique biological change, may lead to mental disturbance. The United States, however, makes no such distinction; offenders are prosecuted under general homicide laws. Nevertheless, U.S. courts often consider a mother's emotional and physical condition prior to and during delivery. This study includes 44 female offenders and 45 infant deaths and highlights society's ambivalence toward neonaticide offenders. The authors suggest that this ambivalence may be attributed to: (1) the perception that an offender's emotional and physical turmoil during the birth and homicide reduces her culpability; (2) the sentiment that neonaticide offenders are more “redeemable” than other offenders; and (3) the uncertainty about the personhood of a fetus or newborn. Copyright © 2010 John Wiley & Sons, Ltd.