Criminal Justice Responses to Maternal Filicide: Judging the Failed Mother

Analysis of criminal cases shows that women suspected of killing their newborn children are vulnerable in society and that infanticide is not just a historical issue. Milne's study analyzes conviction outcomes in 15 criminal cases in England and Wales from 2010 to 2019 and argues that the criminal justice system fails to recognize the vulnerable position of accused women and reflects wider social judgments of pregnant women and mothers.

Format: Paperback / softback
Length: 200 pages
Publication date: 15 March 2024
Publisher: Emerald Publishing Limited

Analysis of criminal cases reveals that women suspected of killing their newborn children are some of the most vulnerable in our society and that infanticide is not just a historical issue but one that has modern implications. While women are less likely to commit violent crime, maternal infant homicide is an enduring form of offending that needs to be understood in a wider social context.

In Criminal Justice Responses to Maternal Filicide, Milne provides a comprehensive analysis of conviction outcomes through court transcripts of 15 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. This contemporary study makes a novel contribution to the fields of law, criminology and gender studies, arguing that through its inability to recognise the vulnerable position of accused women, and respond accordingly, the application of law reflects wider social judgments of pregnant women and mothers who challenge or fail to fulfil ideals of motherhood.

The findings of this study are alarming and highlight the urgent need for reform in the criminal justice system. Women who are suspected of killing their newborn children are often subjected to intense scrutiny and prejudice, with their femininity and maternal instincts being used against them. The criminal justice system fails to recognise the unique challenges that pregnant women and mothers face, such as mental health issues, substance abuse, and social isolation. As a result, these women are often treated unfairly and subjected to excessive punishment, including lengthy prison sentences and lifelong stigma.

One of the key findings of this study is that women who are accused of killing their newborn children are often subjected to a double standard of justice. While men who commit similar crimes are often treated with leniency and given opportunities for rehabilitation, women are often stigmatised and treated as monsters. This is particularly true in cases where the child was born prematurely or with disabilities, as these women are often seen as having failed to meet the ideal of motherhood.

Another issue that this study highlights is the lack of support and resources available to pregnant women and mothers who are struggling with mental health issues or substance abuse. These women are often isolated from their support networks and left to cope with their problems on their own. As a result, they may turn to violence as a way to manage their stress and anxiety, or as a way to express their frustration and anger.

To address these issues, Milne suggests that the criminal justice system should adopt a more victim-oriented approach to cases of suspected infanticide. This includes providing support and resources to pregnant women and mothers who are struggling with mental health issues or substance abuse, as well as recognising the unique challenges that these women face. It also includes providing greater support to women who are accused of killing their newborn children, including access to legal representation and counselling services.

In addition, Milne suggests that the wider society should also take responsibility for addressing the issue of maternal infant homicide. This includes promoting gender equality and reducing the stigma associated with motherhood, as well as providing support and resources to families who are struggling with the challenges of raising children.

Overall, this study provides a powerful analysis of the criminal justice responses to suspected infanticide and highlights the urgent need for reform. By adopting a more victim-oriented approach and recognising the unique challenges that pregnant women and mothers face, the criminal justice system can better protect the rights and dignity of these vulnerable women and prevent the occurrence of maternal infant homicide in the future.

Dimension: 229 x 152 (mm)
ISBN-13: 9781839096235