Journal de psychologie légale

Abstrait

Mothers Who Kill: An Overview of America’s Psychological and Legal Perspectives on Infanticide

Sylwia Prendable Niczewska

Filicide has become one of the most controversial and misinterpreted phenomenons of the last decade. The act of killing one’s child seems very unthinkable to many, as it might be impossible to understand why a mother would kill her own child. This type of reaction is very often observed when neonaticide (the killing of a child within the first twenty-four hours of life), infanticide (the killing of a child within the first twelve months of life) or filicide (the killing of an older child) takes place. The crime of filicide, unfortunately, is more common that the society might think. Sadly, it is also a very big issue in the United Sates, as we happen to rank high on the list of countries whose caretakers kill their children. The mothers who engage in the act of killing their children very often suffer from mental disorders such as the postpartum disorder which very often results from childbirth. The criminal justice system in the United States seems to be very inequitable and punitive towards those mothers. Very often, a mother who due to her mental illness kills her child is charged with murder and might be convicted to years in prison. The only defense that a filicidal mother could be offered is an insanity plea, which could be done on the basis of the woman suffering from the postpartum disorder at the time of the crime. In the United States, insanity is defined by one of two rules adopted by states that recognize insanity defense: M’Naghten Rule or Model Penal Code (ALI), with one exception of New Hampshire, which still follows the Durham Rule. However, since the not guilty by the reason of insanity (NGRI) plea is very difficult to prove and because the Diagnostic and Statistical Manual (DSM-V) does not officially recognize the postpartum disorder as a mental illness, these mothers are very often destined for a lifetime of suffering.