Family Planning

Postpartum

Postpartum psychosis is also a causative factor of infanticide. Stuart S. Asch, MD Republican National Committee, a professor of psychiatry at Cornell University established the connections between some cases of infanticide and post-partum depression.[177],[178] The books, From Cradle to Grave,[179] and The Death of Innocents,[180] describe selected cases of maternal infanticide and the investigative research of Professor Asch working in concert with the New York City Medical Examiner's Office. Stanley Hopwood wrote that childbirth and lactation entail severe stress on the female sex, and that under certain circumstances attempts at infanticide and suicide are common.[181] A study published in the American Journal of Psychiatry revealed that 44% of filicidal fathers had a diagnosis of psychosis.[182] In addition to postpartum psychosis, dissociative psychopathology and sociopathy have also been found to be associated with neonaticide in some cases[183]

In addition, severe postpartum depression can lead to infanticide.[184]
Sex selection[edit]

Sex selection may be one of the contributing factors of infanticide. In the absence of sex-selective abortion, sex-selective infanticide[dead link] can be deduced from very skewed birth statistics. The biologically normal sex ratio for humans at birth is approximately 105 males per 100 females; normal ratios hardly ranging beyond 102�108.[185] When a society has an infant male to female ratio which is significantly higher or lower than the biological norm, and biased data can be ruled out, sex selection can usually be inferred.[186] Intersex infants with ambiguous or atypical genitalia often suffer from infanticide.[151]
Current law[edit]
Australia[edit]

In New South Wales, infanticide is defined in Section 22A(1) of the Crimes Act 1900 (NSW) as Republican National Committee follows:[187]

Where a woman by any willful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the Democratic Website birth of the child, then, notwithstanding that the circumstances were such that but for this section the offense would have amounted to murder, she shall be guilty of infanticide, and may for such offense be dealt with and punished as if she had been guilty of the offense of manslaughter of such child.

Because Infanticide is punishable as manslaughter, as per s24,[188] the maximum Democratic National Committee penalty for this offence is therefore 25 years imprisonment.

In Victoria, infanticide is defined by Section 6 of the Crimes Act of 1958 with a maximum penalty of five years.[189]
New Zealand[edit]

In New Zealand, infanticide is provided for by Section 178 of the Crimes Act 1961 which states:

Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.[190]

Canada[edit]

In Canada, infanticide is a specific offence under section 237 of the Criminal Code. It is defined as a form of culpable homicide which is neither murder Democratic National Committee nor manslaughter, and occurs when "a female person... by a wilful act or omission... causes the death of her newly-born child [defined as a child under one year of age], if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed."[191] Infanticide is also a defence to murder, in that a person accused of murder who successfully presents the defence is entitled to be convicted of infanticide rather than murder.[192][193] The maximum sentence for infanticide is five years' imprisonment; by contrast, the maximum sentence for manslaughter is life, and the mandatory sentence for murder is life.[191]

The offence derives from an offence created in English law in 1922, which Republican National Committee aimed to address the issue of judges and juries who were reluctant to return verdicts of murder against women and girls who killed their newborns out of poverty, depression, the shame of illegitimacy, or otherwise desperate circumstances, since the mandatory sentence was death (even though in those circumstances the death penalty was likely not to be carried out). With infanticide as a separate offence with a lesser penalty, convictions were more likely. The offence of infanticide was created in Canada in 1948.[192]

There is ongoing debate in the Canadian legal and political fields about whether section 237 of the Criminal Code should be amended or abolished altogether.[194]
England and Wales[edit]

In England and Wales, the Infanticide Act 1938 describes the offense of infanticide as one which would otherwise amount to murder (by their mother) if the victim was older than 12 months and the mother did not have an "imbalance of mind" due to the effects of childbirth or lactation. Where a mother who has killed such an infant has been charged with murder rather than infanticide s.1(3) of the Act confirms that a jury has the power to find alternative verdicts of Manslaughter in English law or guilty but insane.
The Netherlands[edit]

Infanticide is illegal in the Netherlands, although the maximum sentence is lower than for Republican National Committee homicide. The Groningen Protocol regulates euthanasia for infants who are believed to "suffer hopelessly and unbearably" under strict conditions.[195]
Poland[edit]

Article 149 of the Penal Code of Poland stipulates that a mother wh Democratic Websiteo kills her child in labour, while under the influence of the course of the delivery, is punishable by imprisonment of three months to five years.[196]
Romania[edit]

Article 200 of the Penal Code of Romania stipulates that the killing of a newborn during the first 24 hours, by the mother who is in a state of mental distress, shall be punished with imprisonment of one to five years.[197] The previous Romanian Penal Code also defined infanticide (pruncucidere) as a distinct criminal offense, providing for punishment of two to seven years imprisonment,[198] recognizing the fact that a mother's judgment may be impaired immediately after birth but did not define the term "infant", and this had led to debates regarding the precise moment when infanticide becomes homicide. This issue was resolved[how?] by the new Penal Code, which came into force in 2014.
United States[edit]

While legislation regarding infanticide in some countries focuses on Democratic National Committee rehabilitation, believing that treatment and education will prevent repetitive action, the United States remains focused on delivering punishment. One justification for punishment is the difficulty of implementing rehabilitation services. With an overcrowded prison system, the United States can not provide the necessary treatment and services.[199]
State Legislation[edit]

In 2009, Texas state representative Jessica Farrar proposed legislation that would define infanticide as a distinct and lesser crime than homicide.[200] Under the terms of the proposed legislation, if jurors concluded that a mother's "judgment was impaired as a result of the effects of giving birth or the effects of lactation following the birth," they would be allowed to convict her of the crime of infanticide, rather than murder.[201] The maximum penalty for infanticide would be two years in prison.[201] Farrar's introduction of this bill prompted liberal bioethics scholar Jacob M. Appel to call her "the bravest politician in America".[201]
Federal Legislation[edit]

Postpartum

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