Criminal Justice Responses To Maternal Filicide

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.

Maternal filicide has been discussed in the medical, mental health, and child abuse fields, yet little research exists with a criminal justice/law enforcement perspective. Nevertheless, criminal justice professionals responsible for investigation and prosecution of these offenders often must give attention to unique behavioral, social, and psychological dynamics not considered in many other types of cases. The Federal Bureau of Investigation’s (FBI) Behavioral Analysis Unit (BAU) III – Crimes Against Children identified, collected, and reviewed law enforcement case files in which a biological mother killed her child(ren). Collectively, the cases involve 213 biological mothers who killed 265 children, and are comprised of neonaticide, infanticide, and filicide cases. Data analysis revealed that the offenders ranged in age from 12-46 years, and many were unmarried, unemployed, and had a history of violence. Many of the victims were three years of age or younger, did not live with their biological fathers at the time of their deaths, and had a history of maltreatment most often perpetrated by their mothers. In addition, traditional weapons such as a firearm or knife were used less often compared to asphyxiants and blunt force instruments. The authors explore the tenets of female violence, the mother-child dynamic and mental disorders, and address the complexities associated with investigating and prosecuting maternal filicide offenders. ​

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 traces twentieth-century Canadian criminal justice responses to women who kill their newly born babies. Initially, juries were reluctant to convict these women of murder since it carried the death penalty. The current "infanticide" law was adopted in 1948 to impose uniformity on legal practice and to ensure a homicide conviction. Even then, prosecutors faced considerable difficulties, but now, amidst media pressure, and with public attitudes possibly hardening, there are calls for the repeal of the infanticide law and the adoption of a draconian framework to deal with these cases. Kirsten Kramar provides an interdisciplinary feminist approach to the study of infanticide law, examining and linking historical, sociological, and legal scholarship. She examines in detail the legislative history and infanticide case law, as well as the range of relevant medical discourses from the past 100 years. By doing this, she provides a more nuanced approach to the debates around the broader issues of the medicalization of women’s deviance – one that reveals some of the political dangers inherent in hasty critiques of infanticide law, and shows the value of careful interdisciplinary analysis for studies in the history of law and socio-legal relations. Drawing on a wide range of original data sources (provincial and federal indictment case files, coroner’s records, reported legal cases, Hansard Parliamentary Debates, official crime statistics, media reports, and expert medical texts), Kramar presents a detailed picture of the developments, revealing the often ironic consequences of attempts to rationalize this area of law. An established feminist critique of "infanticide" as an inappropriately medical concept is shown to have been largely unhelpful, misconstruing the phenomenon’s history and significance, and lending support to calls for a "get tough" approach Unwilling Mothers, Unwanted Babies makes an important contribution to the international literature on maternal neonaticide as well as the medicalization of deviance, and will be of interest to those working in law, sociology, criminology, women’s studies, and gender history.

This Handbook brings together the voices of a range of contributors interested in the many varied experiences of women in criminal justice systems, and who are seeking to challenge the status quo. Although there is increasing literature and research on gender, and certain aspects of the criminal justice system (often Western focused), there is a significant gap in the form of a Handbook that brings together these important gendered conversations. This essential book explores research and theory on how women are perceived, handled, and experience criminal justice within and across different jurisdictions, with particular consideration of gendered and disparate treatment of women as law-breakers. There is also consideration of women’s experiences through an intersectional lens, including race and class, as well as feminist scholarship and activism. The Handbook contains 47 unique chapters with nine overarching themes (Lessons from history and theory; Routes into the criminal justice system; Intersectionality; Sentencing and the courts and community punishments; Specific offences; Incarcerated women’s experiences; Mothers and families; Rehabilitation and reintegration; Practitioner relationships), and each theme includes contributions from different countries as well as the experiences of contributors from different stages in their own journey. International and interdisciplinary in scope, this Handbook is essential reading for scholars and students of criminology, sociology, social policy, social work, and law. It will also be of interest to practitioners, such as social workers, probation officers, prison officers, and policy makers.

The first volume in green criminology devoted to gender, this book investigates gendered patterns to offending, victimisation and environmental harms. Including feminist and intersectional analysis, and with original case studies from the Global North and Global South, the book also examines actions that have been taken in response to gendered crimes and harms, together with insights on the gendered nature of resistance. The collection advances debate on green crimes, environmental harm and climate change and will inspire students and researchers to foreground gender in debates about reducing and transforming the challenges affecting our planet’s future.

A comprehensive account of the myriad ways that sex and crime interact in contemporary social life, sensitively confronting topics such as nationhood, abortion, child sexual exploitation, war, disability, pornography, and digital cultures. To explain how sex and crime is composed by, and composes, our understanding of these issues, this book: Draws on the authors’ research expertise, insightful case studies, and leading scholarship from across the globe. Develops students’ capacity to engage thoughtfully with diverse problems and to think critically, this is achieved with the help of creative learning exercises, empathetic questioning, and relevant illustrative examples. Encourages readers to be reflexive, open-spirited, and curious about how issues of sex and crime touch their lives and those of people around them.

Bringing together academics and professionals, this edited collection considers key issues in current criminal justice policy and practice related specifically to women to answer the important question: are women being failed by the criminal justice system? In a landscape where women’s involvement in the criminal justice system still tends to be ignored or lost in discussions about men, contributors place special emphasis on women as both victims and offenders. The chapters cover a wide range of topics relating to women and crime, including: violent and sexual victimisation, violent offending, sentencing and punishment, and rape myths. Since the peak of feminist criminal justice scholarship in the 1990s, the place of women in the criminal justice system has arguably slipped down the agenda and the authors of this collection draw on original research to make the compelling case for a swift remedy to this. Drawing on recent academic studies and professional experience to set an agenda for future research – as well as legal and policy reform – this book injects new life into the dialogue surrounding women and the criminal justice system. Innovative and timely, this collection of essays holds broad appeal to academics and practitioners, as well as students of criminology, criminal justice and law, and all those with an interest in feminism, justice, and inequality.