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Neonaticide: an appropriate application for therapeutic jurisprudence?

Might therapeutic jurisprudence, a perspective that attempts to study interaction between the legal and mental health disciplines, be brought to bear effectively with respect to neonaticide, the murder of a newborn infant in the first 24 hours of its life? This is a crime that leads to sentencing that is now rarely therapeutic, rehabilitative, or corrective. An examination of the crime, its motives, and its perpetrators precedes a discussion of ways in which the mental health viewpoint in this matter might be brought to the active attention of the courts in order to promote sentencing that is appropriate to both the crime and the transgressor.

Adolescent↗

The aftermath: aspects of recovery described by perpetrators of maternal filicide committed in the context of severe mental illness.

Mentally abnormal maternal filicide is a rare and horrifying event. Clinicians are unlikely to develop broad experience with this and there is little information available about recovery. This paper presents a range of descriptions of recovery experiences derived from a qualitative study of mentally abnormal maternal filicide perpetrators. Transcripts from a qualitative, semi-structured interview study of six women who committed filicide in the context of major mental illness were reviewed. Descriptions related to rehabilitation issues were grouped and themes extracted. The women described patchy but horrific memories they avoided thinking and talking about. They described intense self-judgement and self-hate. They valued ongoing relationships with surviving children and were distressed by perceptions that they might be a danger to other children. Managing illness was not described as a major challenge. Acknowledgement of illness was described as important in coming to terms with what they had done. Surviving children and relationships with family and other support networks were described as important in their rehabilitation. We conclude that optimizing treatment and rehabilitation for mental illness, supporting the woman to acknowledge the role of illness in the offence, maximizing support from personal networks, and enabling her to regain some aspect of the mother role may be more efficacious than debriefing with respect to the offence.

Adaptation, Psychological↗

MMPI-2 profiles of filicidal, mariticidal, and homicidal women.

The present study compared the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) clinical and content scale profiles of a group of adult women (N = 73) charged with either murder of their child (filicide) (n = 30), their partner (mariticide) (n = 19), or an unrelated adult (homicide) (n = 24). No significant differences were seen among the three groups on either the MMPI-2 clinical or content scales. Clinical inspection of the 53 valid MMPI-2 profiles (F < 110T) revealed a 6-8 mean profile for the filicidal women, a 2-6 mean profile for the mariticidal women, and a 4-8 mean profile for the homicidal women. Application of the data for criminal forensic psychological evaluations is discussed.

Adult↗

Insanity and filicide: women who murder their children.

A mother who murders her child challenges the empathic skills of evaluating clinicians. In this chapter, original research, supplemented by detailed case histories, compares women adjudicated criminally responsible for the murders of their children with those adjudicated not guilty by reason of insanity.

Adult↗

[Biomechanical and morphologic reconstruction of a questionable case of child abuse].

A 3-month-old baby died 8 days after admission to the hospital as a result of injuries received under unknown circumstances. The forensic autopsy revealed a fracture of the scull and a severe blunt injury to the head and brain. Histological investigation of the reactive changes at and around the edges of the fracture showed that the trauma could not possibly have been congenital. According to the defendant, the baby boy had been lying on the table used for changing his nappy and almost fell off it. The defendant moved "instinctively" to catch him, and this "reflex movement" caused the injuries observed. The event was then reconstructed by the criminal investigators and this reconstruction, coupled with the authors' biomechanical experiments using stroboscopic recording, revealed that the defendant's statement could not be true, as the force necessary to inflict the injuries was much greater than could be explained by an attempt to catch the baby.

Biomechanical Phenomena↗

Murdering babies. A cross-national study.

Males are murdered at a higher rate than females in the world. Among babies this discrepancy is reduced, though still present. The murder of babies occurred at a higher rate in nations where the suicide rate was higher (but was unrelated to the overall murder rate). The sex ratio for the victimization by murder of babies was more egalitarian in those nations with a higher gross national product per capita and more female equality.

Cross-Cultural Comparison↗

[Borderline cases in law and medicine (author's transl)].

Medical problems and their solution may call for consideration of legal consequences in advance, as medical action can result in a violation of the penal code. This is illustrated in the case of homoiotransplantation, using fetal kidneys, which leads to prolicide without abortion (96, 97 StGB) and the surgical separation of Siamese twins an unpaired common organ. The predictable death of one constitutes the fact of murder (75 StGB) while prolicide is possible under the regulations of the Austrian penal code.

Abortion, Induced↗