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This book provides the first comprehensive and detailed analysis of the Infanticide Act and its impact in England and Wales and around the world. It is 100 years since an Infanticide Act was first passed in England and Wales. The statute, re-enacted in 1938, allows for leniency to be given to women who kill their infants within the first year of life. This legislation is unique and controversial: it creates a specific offence and defence that is available only to women who kill their biological infants. Men and other carers are not able to avail of the special mitigation provided by the Act, nor are women who kill older children. The collection brings together leading experts in the field to offer important insights into the history of the law, how it works today, the impact and legacy of the statute and potential futures of infanticide laws around the world. Contributors consider the Act in practice in England and Wales, the ways it has been portrayed in the British media and justifications for and criticisms of the provision of special treatment for women who kill their infants within a year of birth. It also looks at the criminal justice responses to infanticide in other jurisdictions, such as Australia, Ireland, Sweden and the United States of America.
This book provides the first comprehensive and detailed analysis of the Infanticide Act and its impact in England and Wales and around the world. It is 100 years since an Infanticide Act was first passed in England and Wales. The statute, re-enacted in 1938, allows for leniency to be given to women who kill their infants within the first year of life. This legislation is unique and controversial: it creates a specific offence and defence that is available only to women who kill their biological infants. Men and other carers are not able to avail of the special mitigation provided by the Act, nor are women who kill older children. The collection brings together leading experts in the field to offer important insights into the history of the law, how it works today, the impact and legacy of the statute and potential futures of infanticide laws around the world. Contributors consider the Act in practice in England and Wales, the ways it has been portrayed in the British media and justifications for and criticisms of the provision of special treatment for women who kill their infants within a year of birth. It also looks at the criminal justice responses to infanticide in other jurisdictions, such as Australia, Ireland, Sweden and the United States of America.
This edited volume examines the performance and role of scientific experts in modern European courts of law and police investigations. It discusses cases from criminal, civil and international law to parse the impact of forensic evidence and expertise in different European countries. The contributors show how modern forensic science and technology are inextricably entangled with political ideology, gender norms and changes in the law and legal systems. Discussing fascinating case studies, they highlight how the ideology of authoritarian and liberal regimes has affected the practical enactment of forensic expertise. They also emphasise the influence of images of masculinity and femininity on the performance of experts and on their assessment of evidence, victims and perpetrators. This book is an important contribution to our knowledge of modern European forensic practices.
Maternal infanticide, or the murder of a child in its first year of life by its mother, elicits sorrow, anger, horror, and outrage. But the perpetrator is often a victim, too. The editor of this revealing work asks us to reach beyond rage, stretch the limits of compassion, and enter the minds of mothers who kill their babies -- with the hope that advancing the knowledge base and stimulating inquiry in this neglected area of maternal-infant research will save young lives. Written to help remedy today's dearth of up-to-date, research-based literature, this unique volume brings together a multidisciplinary group of 17 experts -- scholars, clinicians, researchers, clinical and forensic psychiatrists, pediatric psychoanalysts, attorneys, and an epidemiologist -- who focus on the psychiatric perspective of this tragic cause of infant death. This comprehensive, practical work is organized into four parts for easy reference: Part I presents historical and epidemiological data, including a compelling discussion of the contrasting legal views of infanticide in the United States, United Kingdom, and other Western countries, a review of the latest statistics on maternal infanticide, and a discussion of the problems of underreporting and the lack of available documentation. Part II covers the psychiatric, psychological, cultural, and biological underpinnings of infanticide, detailing how to identify, evaluate, and treat postpartum psychiatric disorders. The authors explore clinical diagnosis, symptom recognition, risk factors, biological precipitants, and alternative motives, such as cultural infanticide. Chapter 3, developed to assist the attorney or mental health professional in understanding the implications of postpartum psychiatric illness as they relate to infanticide, presents a sensitive and thorough inquiry into infanticidal ideation. Part III focuses on contemporary legislation, criminal defenses, and disparate treatment in U.S. law and compares U.S. law with the U.K.'s model of probation and treatment. Chapter 8 is an especially useful resource for the attorney or expert psychiatric witness preparing for an infanticide/neonaticide case in the criminal court system. Part IV discusses clinical experience with mothers as perpetrators and countertransference in therapy, the range of mother-infant interactions (from healthy to pathological), and methods of early intervention and prevention. This balanced perspective on a highly emotional issue will find a wide audience among psychiatric and medical professionals (child, clinical, and forensic psychiatrists and psychologists; social workers; obstetricians/gynecologists and midwives; nurses; and pediatricians), legal professionals (judges, attorneys, law students), public health professionals, and interested laypersons.
The Elgar Companion to Capital Punishment and Society presents a multidisciplinary overview of capital punishment’s influences, processes and outcomes across society. A global range of philosophers, social scientists, legal experts, political theorists and historians critically analyse the trajectory of the death penalty in both retentionist and abolitionist countries, underscoring how state killing remains a crucial issue worldwide.
Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments. This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.
Milne provides a comprehensive analysis of conviction outcomes through court transcripts of 14 criminal cases in England and Wales during 2010 to 2019. Drawing on feminist theories of responsibilisation and 'gendered harm', she critically reflects on the gendered nature of criminal justice's responses to suspected infanticide.
Following an assassination attempt on George III in 1800, new legislation significantly altered the way the criminally insane were treated by the judicial system in Britain. This book explores these changes and explains the rationale for purpose-built criminal lunatic asylums in the Victorian era.Specific case studies are used to illustrate and describe some of the earliest patients at Broadmoor Hospital the Criminal Lunatic Asylum for England and Wales and the Criminal Lunatic Department at Perth Prison in Scotland. Chapters examine the mental and social problems that led to crime alongside individuals considered to be weak-minded, imbeciles or idiots. Family murders are explored as well as individuals who killed for gain. An examination of psychiatric evidence is provided to illustrate how often an insanity defence was used in court and the outcome if the judge and jury did not believe these claims. Two cases are discussed where medical experts gave evidence that individuals were mentally irresponsible for their crimes but they were led to the gallows.Written by genealogists and historians, this book examines and identifies individuals who committed heinous crimes and researches the impact crime had on themselves, their families and their victims.