2002 International International Biennial Scientific Meeting

INFANTICIDE: PSYCHIATRIC AND LEGAL PERSPECTIVES ON MOTHERS WHO KILL

Margaret Spinelli*, Katherine Wisner, Maureen Marks, Neill Epperson, and Judith MacFarland

* Assistant Professor of Psychiatry, Columbia University College of Physicians and Surgeons, New York State Psychiatric Institute

mgs8@columbia.edu

Inaugural dissertation on Infanticide for Doctor of Medicine Degree

(John Beck, 1817)

"The science of Medical Jurisprudence, of which the subject of the following Dissertation (Infanticide) form an important branch, lays claim to the attention of every one who feels any concern in the pure administration of justice"

Maternal infanticide is a subject both compelling and repulsive. The killing of an innocent elicits sorrow, anger, horror. Yet the perpetrator of this act is often a victim, too, and that recognition makes for a more paradoxical response. Such contradictions are the theme of our discussion motivated by the dearth of research related literature in this area of mother-infant study.

In June, 2001 the U.S. was riveted when Andrea Yates, during a postpartum psychosis drowned her 5 children in the bathtub of her Texas home. The prosecution sought the death penalty. Yates was sentenced to life in prison.

Through denial and ignorance, family, friends and the medical and legal communities missed opportunities for intervention. We, as a society failed Andrea Yates. And when the next tragedy occurs we will again gasp in horror!

In contrast, the UK and most western countries allow for lenient sentencing and psychiatric treatment in women who commit infanticide. Yet, even in Britain, there is debate over the abolition of the Infanticide Act .

There is a vital need for education and research around postpartum mental illness and infant mortality.

Through a series of case presentations and systematic data, legal and mental health professionals representing the US and UK will initiate discussion on the psychiatric and legal perspectives of infanticide and neonaticide.

Topics include: 1) identification of women at risk, 2) missed opportunities for prevention 3) British and American legislation, 4) expert witness testimony in the court ("talking to the jury") and 5) future research.

References:

MacFarlane J: Criminal Defense in Cases of Neonaticide. Law Review, Cordoza School of Law, New York,1997

Marks MN, Kumar R: Infanticide in England and Wales, 1982-1988. Med Sci Law 33:329-339, 1993

Spinelli MG:Infanticide: Psychiatric and Legal Perspectives on Mothers Who Kill New York, American Psychiatric Press Inc., 2002 (in press)

Spinelli M: A Systematic Investigation of 16 cases of Neonaticide:. Am J Psychiatry 158:811-813, 2001

Wisner KL, Peindl KS, Hanusa BH: Symptomatology of affective and psychotic illnesses related to childbearing. J Affect Disord 30:77-87, 1994