The Myth of Madness: Murderous Mothers and Maternal Infanticide

The sex-specific doctrine of infanticide provides a merciful method of dealing with women who kill their newborn children in circumstances of psychological distress. This article examines the contentious medical rationale which underpins infanticide legislation with the purpose of providing a substantiated argument for the abolition of this antiquated doctrine. Specifically, a two-pronged approach is taken. First, by utilising the views of contemporary medical science, the scientific credibility of the medical rationale is scrutinised. Second, by drawing upon feminist legal theory, a myriad of concerns associated with the medicalisation of female offenders are critically discussed. Ultimately, it is suggested that the offence/defence of infanticide should be abolished and that crimes of this nature should be readily subsumed under the current partial defence of diminished responsibility.