Ambivalence toward mothers who kill: An examination of 45 U.S. cases of maternal neonaticide

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 disturba...

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Bibliographic Details
Published in:Behavioral sciences & the law 2010-11, Vol.28 (6), p.812-831
Main Authors: Shelton, Joy Lynn E., Muirhead, Yvonne, Canning, Kathleen E.
Format: Article
Language:English
Subjects:
Ambivalence
Babies
Childbirth
Criminals
Criminals - legislation & jurisprudence
Criminals - psychology
Emotional disorders
Female
Homicide
Humans
Infant, Newborn
Infanticide
Infanticide - legislation & jurisprudence
Infanticide - psychology
Mothers
Mothers - psychology
Murders & murder attempts
Newborn babies
Offenders
Perceptions
Personhood
Public opinion
United States
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Summary: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.
ISSN:0735-3936
1099-0798
DOI:10.1002/bsl.937