PIP: The problem of the unwanted child is a most grievous aspect of the complex of negative factors associated with underdevelopment. Although the problem of the unwanted child exists in industrialized countries as well, the incidence is much higher in the 3rd world. In industrialized nations modern contraceptives are widely available, public awareness of them is high, and legal abortion may be an option in the event of contraceptive failure or nonuse. In Colombia alone, nearly 1 million women are living in immediate danger of an unwanted pregnancy. In the 3rd world as a whole there are an estimated million who do not want another pregnancy but who lack access to contraceptive information and services.
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Published on Feb 11, Law on infanticide, Infanticide, changes in the law, Uk law on infanticide, law regarding mother's killing babies psychological components regarding infanticide analysis of Infanticide Act some cases on infanticide History of infanticide History of evolution of infanticide Issues on infanticide References. SlideShare Explore Search You. Submit Search. Successfully reported this slideshow. We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads.
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I am so glad I didn't risk it because after finding your program my snoring has considerably decreased! If only I knew about this 10 years ago! No Downloads. Views Total views. Actions Shares. Embeds 0 No embeds. No notes for slide. Infanticide 1. However, issues arose with regard to requirements needed to establish Infanticide and practical difficulties when giving Judgments. Relying on the analysis of these particular areas, should the law change for the betterment of victims as well as the defendants.
In fact, this was accepted practice in ancient civilizations. According to Laila Williamson, a famous anthropologist, Infanticide was practiced on every continent and people on every cultural level. Rather than an exception, it was the rule.
In ancient civilizations, it started as a sacrifice to god, while in others it was a mode of population control, even Charles Darwin, the father of evolution believed early men used female infanticide as a population control method.
In the Golden age of Greece and Roman culture, it was due to financial reasons while in Hindu culture to show the male dominance. In England from 18th th century, infanticide was so unbridled. Unmarried mothers killed their illegitimate children. Hence, the term newborn murder. At the end of 18th century, infanticide served a broader meaning of killing, neglect or abuse of children of all ages. By early 19th century, this became popular in law manuals, medical treatises and court records.
According to the famous medical journal Lancet, not a single country has back then come to a stage where child murder is uncommon. People considered it as unethical and illegalized by giving death penalty. This created the offence of infanticide and a partial defense to murder. However, this was applicable only when a newly born 24hours of birth , was killed. In The infanticide Act was repealed, which expanded the law by extending the age limit to 12 months and by providing what may cause mental instability as not fully recovering from effects of giving birth or due to effect of lactation.
Sec 1 1 of the Infanticide Act 3 states the requirements to establish infanticide as biological mother killing her 12 months old baby deliberately or due to negligence at a time when her mind has not fully recovered from effect of giving birth or effect of lactation. If so, she will be punished as, guilty of the offence of manslaughter. However, today, the punishment given mostly is non-custodial sentence with medical attention.
Also deviating from normal criminal standards4 it is up to the prosecution to disprove infanticide beyond reasonable doubt. Again the Act was amended by the coroners and justice Act Part 2 chapter 1 s. On those grounds, arguments were raised to abolish or amend the law.
The First issue is regarding reference to lactation. It was argued that there is no link between lactation and psychosis. However, a study carried out by Dr. Maureen N Marks6 suggests during lactating period a neurotransmitter known as dopamine in the brain increases, which is a factor to psychiatric illness but effects depend on the genetic predisposition. Therefore, a surge of dopamine during the lactation may trigger a postpartum mental illness.
Although the evidence is inconclusive, The Law Commission has recommended retaining the reference to lactation. The Second problem is about the age limit of the baby. Originally, age was limited to newly born 24hours of age.
The latest evidence supports the fact most postpartum psychiatric disorders resolve within the first 12 months of giving birth.
Suggestions were raised to extend the law to fathers, adoptive parents or anyone under stress of nurturing the child. This was rejected as, the connection between physiologies of giving birth, hormonal changes after pregnancy and psychiatric disorders, which result from those changes, will fail. Both defenses deal with psychiatric conditions. Therefore why distinguish between postpartum psychosis and other mental disorders when determining criminal liability?
In diminished responsibility, anyone who can establish the requirements may use it. Nevertheless, in infanticide only a specific group of defendants biological mothers may use it with regard to specific group of victims infants.
In addition, there are procedural complexities. Burden of proof lies on defendant in partial defense of diminished responsibility On the other hand, in infanticide burden of proof to disapprove infanticide beyond reasonable doubts lies on the prosecution. This makes the Infanticide law compassionate toward the offenders who are victims of their own mind.
Lastly, infanticide is not only a partial defense but also an offence on its own unlike diminished responsibility.
Therefore, it is a disadvantage to merge infanticide with diminished responsibility. But another significant feature and issue is with regard to Infanticide Act is sec. In other words it is not necessary to show mother killed the baby because of postpartum psychosis.
Practically it may not even be possible. Therefore, if a mother kills her child of age 12 months or less for any reason she is culpable of infanticide as long as at the time of the murder her mind was disturbed. Which bring us to our next issue How to deal with a mother who has killed her baby but is in denial? Issue raised in the famous, yet the saddest case in history of infanticide R v Kai Whitewind. Prosecution argued that K , who conceived B in unwanted circumstances and had two more children, asphyxiated B after becoming frustrated with his refusal to feed.
Defense K could not justify infanticide to show imbalance of mind due to effect of giving birth despite K suffering from depression, as she denied killing her own child.
Hence, she was convicted for murder. Thus, if a mother has in fact killed her child but unable to admit it, maybe because she is too unwell to do so, too emotionally disturbed by what she has done or too deeply troubled by the consequences of admission of guilt.
In such cases, it is difficult to show psychiatric evidences. Yet it does not imply her denial of killing means she is mentally stable, it may very well be the opposite. The available alternative method is under the fresh evidence provision of the Criminal Appeal Act However, this procedure may take forever and mother would be held in custody pending appeal until then.
Therefore, now the trial judges are permitted to order a medical examination of the female following conviction. Issue based on case the R v Gore. Postmortem examination listed the cause of death as neonatal anoxia. It could be due to deliberate blockage of nose or lack of attention following delivery. Hence with the available evidences G s plea of guilty of infanticide was accepted.
As for the issue, The Court of Appeal Established there is no requirement to prove all the ingredients of murder before a defendant is convicted of infanticide. Also as a second effect of the ruling, infanticide maybe applied in cases that are not homicide at all like the offence of manslaughter as interpretation of willful act or omission sets negligence below the level of gross negligence needed for offence of manslaughter to be charged. Case law along with medical research and medical opinions played an important role in improving Infanticide Law.
Infanticide without cannibalism is a behavior that has been widely described in numerous species Glass Infanticide with cannibalism is considerably more rare but far from unheard of, having been reported in species such as lions, polar bears, and gulls Elgar and Crespi, , Two major benefits of infanticide have been suggested: increased nutrition and increased mating opportunities. In some amphibians, a cannibalistic diet has been associated with accelerated growth and higher survivorship Elgar and Crespi
Analisa Tindak Pidana Pembunuhan Bayi (Infanticide) Di Wilayah Hukum Pengadilan Negeri Sleman
Female infanticide is the deliberate killing of newborn female children. In countries with a history of female infanticide, the modern practice of sex-selective abortion is often discussed as a closely related issue. Female infanticide is a major cause of concern in several nations such as China , India and Pakistan. It has been argued that the low status in which women are viewed in patriarchal societies creates a bias against females. In , anthropologist Laila Williamson, in a summary of data she had collated on how widespread infanticide was, found that infanticide had occurred on every continent and was carried out by groups ranging from hunter gatherers to highly developed societies, and that, rather than this practice being an exception, it has been commonplace. Miller contends that female infanticide is commonplace in regions where women are not employed in agriculture and regions in which dowries are the norm. In , Amartya Sen writing in the New York Review of Books estimated that there were million fewer women in Asia than would be expected, and that this amount of "missing" women "tell[s] us, quietly, a terrible story of inequality and neglect leading to the excess mortality of women.