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Infanticide and Filicide Foundations in Maternal Mental Health Forensics 1St Edition Gina Wong Online Ebook Texxtbook Full Chapter PDF
Infanticide and Filicide Foundations in Maternal Mental Health Forensics 1St Edition Gina Wong Online Ebook Texxtbook Full Chapter PDF
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INFANTICIDE AND FILICIDE
Foundations in
Maternal Mental Health
Forensics
INFANTICIDE AND FILICIDE
Foundations in
Maternal Mental Health
Forensics
Contributors
Introduction
7 Altruistic Filicide
A Trauma-Informed Perspective
Diana Barnes, Psy.D., LMFT, PMH-C
8 Understanding the Mysteries of Pregnancy
Denial
Diana Barnes, Psy.D., LMFT, PMH-C
Anne Buist, M.D., FRANCP
Glossary
Index
Contributors
Franca Aceti, M.D.
Assistant Professor, Department of Human Neuroscience, Sapienza
University of Rome, Rome, Italy
Filicide Terms
Historically, maternal infanticide has occurred since 4000 B.C.–2000
B.C., as documented by Babylonian and Chaldean civilizations (Meyer
and Oberman 2001). It was not specific to any culture and occurred
for various reasons (Putkonen et al. 2016). The killing of offspring by
parents is a most intriguing and reprehensible crime; however,
despite more recent focused research, its complexity continues to
elude many, and it has not decreased in incidence. Adding to the
challenge is that filicide terms are used interchangeably to describe
the perpetration of child death by a parent, stepparent, or legal
guardian. The terms infanticide, neonaticide, and filicide generally
are distinguished by the age of the child whose life is taken by a
parental figure. Infanticide commonly refers to the killing by a parent
of an infant older than 1 day and younger than 1 year. Neonaticide,
a concept introduced by Philip Resnick in 1969, involves the killing of
a newborn within 24 hours of birth and is almost always perpetrated
by a young biological mother (McKee and Bramante 2010; Meyer
and Oberman 2001; Resnick 1969). Filicide is a complex and
multifaceted term used in multiple ways in the scholarly literature.
For example, some authors define filicide as taking the life of one’s
child who is between 1 and 18 years of age (West 2007). It is also
used as an overarching term delineating the killing of a child at any
age by a parental figure. In this book, we refer to filicide both
generally, as an overarching term encompassing neonaticide and
infanticide, and specifically, as the killing of one’s offspring who is
older than 12 months and younger than 18 years by a parental
figure, namely the biological mother or father.
Available Resources
Several publications about mental health and the criminal justice
system are available. Notably, Experts in Court: Reconciling Law,
Science, and Professional Knowledge by Sales and Shuman (2005)
examines the use of expert testimony across the legal system,
including the pitfalls and the possible perception of mental health
expert testimony as nonobjective. The Psychiatrist as Expert
Witness, edited by Gutheil (2009), is another well-used resource in
psychiatry training programs. Likewise, Psychological Evaluation for
the Courts: A Handbook for Mental Health Professionals and Lawyers
by Melton et al. (2018) is a compendium that guides readers
through many contradictory perspectives in translating clinical
expertise for applicability within criminal justice. Although these
books inform expert witnesses, they do not focus explicitly on
maternal mental health experts in maternal filicide court cases.
Books such as Models of Madness: Psychological, Social and
Biological Approaches to Psychosis, edited by Read and Dillon
(2013), and Psychosis, Trauma and Dissociation: Emerging
Perspectives on Severe Psychopathology, edited by Moskowitz et al.
(2008), address childhood adversity and trauma. However, few
books specifically address trauma and attachment as they relate to
perinatal mood and anxiety disorders—and more specifically PPP—in
infanticide and filicide cases. This is a gap that our book begins to
fill, with several chapters elucidating these perspectives.
The most resounding publication our book aims to complement is
Infanticide: Psychosocial and Legal Perspectives on Mothers Who
Kill, edited by Spinelli (2003). It is the most authoritative resource
examining the legal, medical, and psychosocial aspects of mothers
who take the lives of their infants. A chapter by Macfarlane describes
criminal defense theories of diminished capacity, involuntary acts,
and insanity pleas in relation to infanticide, filicide, and neonaticide
(Spinelli 2003). The book addresses criminal defense in infanticide
and neonaticide and the medical, biological, and legal determinants
of postpartum psychiatric disorders and offers discussion of
treatment, prevention, and rehabilitation. Our book underscores and
extends Spinelli’s ideas by including deeper discussion surrounding
ACEs and trauma related to perinatal mental health outcomes.
Spinelli’s book informs our understanding of filicide and the pivotal
dimensions of a woman’s psychological state of mind that contribute
to enacting filicide.
Dawn of New Hope
The timeliness of this book comes from a recognition that we are
entering a new dawn in time, an era of hope in the United States
and internationally for mothers and for postpartum mental illness–
related filicide. Twenty years after the Andrea Yates tragedy, we
continue addressing maternal mental illness and its intersection with
criminal justice in ways far greater than before. We stand at the
precipice of change that will have lasting impact, in which maternal
mental health forensics is underscored as an essential subspecialty
area.
The first revelation toward a new dawn of hope is the
understanding that childhood adversity relates to adult
psychopathology and greater risk for psychosis-related mental
illness. Although some controversy exists regarding the association
of ACEs with PPP, a convincing body of research is developing.
Continued research examining attachment-related childhood trauma,
specifically the hostile-hopeless attachment pattern characterized by
unresolved attachment injuries, will further understanding of the
types of childhood adversities that increase the risk of PPP and
elevate the risk of filicide. Furthermore, research including childhood
physical or sexual abuse as variables of ACEs, as well as research
noting the impact of ACEs on developing parts of the brain at
discrete developmental stages in childhood, is needed.
Such awareness will galvanize intervention efforts aimed to
support families at risk by reducing specific types of child adversities
at critical neurological brain development periods. Furthermore, a life
course perspective (Hughes et al. 2016) applied to understanding
maternal filicide is needed to advance our ability to see the evolution
of postpartum mental illness relative to childhood (and
intergenerational) experiences. A life course framework can elicit in-
depth understanding of the intergenerational effects of childhood
adversity and improve outcomes for future generations. The World
Health Organization’s (2013) Comprehensive Mental Health Action
Plan 2013–2020 underscores the need to focus on mental well-being
as part of its overarching goal and advocates a life course approach
empowering early intervention in adverse childhood circumstances.
The second major shift comes with the possible inclusion of PPP
in the next edition of DSM, with Spinelli’s involvement advocating
PPP as a distinct classification. Such a shift would provide legitimacy
to a PPP diagnosis in the courtroom and could save the lives of
countless women. The third indicator of change was the passage of
a postpartum law in Illinois in 2018, which is a seismic shift in the
United States regarding harsh laws for maternal filicide acts. In
Chapter 3, the authors detail their successful advocacy work
lobbying for the Illinois postpartum law to pass in the state senate.
Feingold and Lewis (2020) wrote about how this postpartum law
amends the Criminal Code of Corrections to consider postpartum
depression and PPP as “mitigating factors” in sentencing when
women commit offenses whilst gripped with postpartum mental
illness. They also advanced HD 1736 in Massachusetts in 2019;
however, it has not yet passed legislation.
Future Directions
Although this book covers key foundations in maternal mental health
forensics specifically addressing maternal infanticide and filicide, a
call for further exploration of the topic is warranted. For instance, we
advance discussions about ACEs, the neurobiology of trauma, and
the importance of childhood attachments; however, the
neurohormonal and biological bases of PPP, for example, are
essential topics that should not be overlooked. Amplifying
discussions of feminist and race deconstruction is the significant
work of Razali, Fisher, and Kirkman (Chapter 14), who call attention
to the structural inequities and cultural disparities in Malaysia. They
delineate how gender inequality and rigid cultural and religious
mores confine girls and women. Such oppression is essential to
recognize in all parts of the world because it relates to the ways in
which women’s lives are regulated. It is also critical not only to
highlight how such oppression contributes to the psychological
sequelae of a mother who enacts filicide but also to analyze how it
contributes to inequities within criminal justice processes and
decisions. Hatters Friedman lays groundwork in Chapter 5 for
continued dialogue in this area. She underscores that the gender,
race, and socioeconomic status of parents may unduly influence
societal perspectives and court rulings of filicide. The need to focus
on gender, cultural, and racial disparities in the area of maternal
mental health forensics is imperative. In addition, it is crucial to
examine the role of visible and invisible disabilities and limitations a
mother may face concomitant to a perinatal psychiatric disturbance,
when considering equity issues.
Finally, further expanding on this collection, the need for a
trauma-informed framework and attachment-minded perspective in
examining maternal mental illness within the criminal justice system
is fundamental. As previously stated, research examining ACEs from
a life-course perspective (Hughes et al. 2016) in maternal mental
health and criminality is crucial to advance the field.
No Longer It “Depends”
Determining the criminal responsibility and the guilt or innocence of
a woman who commits maternal infanticide or filicide depends. It
depends because of the wide range of opinions, levels of
understanding, and inconsistent practices. It behooves us to
highlight and converge on foundations in maternal mental health
forensics in filicide cases. Women’s and their families’ lives hang in
the balance of, or are altered as a result of, conditions for which little
variability should exist. Too often the outcome of a mother’s life
Oh, to be free
like the wildflower
to bask in surrender
under the wide open
forgiving sky
Andren 2018, p. 170
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especially the older and larger roots. Reputed to cure anything from
a cough to a boil to an internal disorder, it was also considered an
aphrodisiac and a source of rare, mystical properties. But scientific
research has never yielded any hard evidence of its medicinal worth.
Settlers used ginseng sparingly, for it brought a high price when sold
to herb-dealers for shipment to China. The main problem lay in
locating the five-leaved plants, which grew in the most secluded,
damp coves of the Smokies. Sometimes several members of a
family would wait until summer or early fall, then go out on extended
“sanging” expeditions.
The search was not easy. During some seasons, the plant might not
appear at all. When it did, its leaves yellowed and its berries
reddened for only a few days. But when a healthy “sang” plant was
finally found, and its long root carefully cleaned and dried, it could
yield great financial reward. Although the 5-year-old white root was
more common, a red-rooted plant needed a full decade to mature
and was therefore especially prized. Greed often led to wanton
destruction of the beds, with no seed-plants for future harvests.
Ginseng was almost impossible to cultivate.
Ginseng-hunting became a dangerous business. Although Daniel
Boone dug it and traded in it, later gatherers were sometimes killed
over it. One large Philadelphia dealer who came into Cataloochee in
the mid-1800s was murdered and robbed. Anyone trying to grow it,
even if he were successful, found that he would have to guard the
plants like water in a desert. Indeed, the rare, graceful ginseng
became a symbol for many in the mountains of all that was unique,
so readily destroyed, and eventually irreplaceable.
As much as the pioneers drew on Indian experience, they also
depended on their own resourcefulness. One skill which the early
settlers brought with them into the Smoky Mountains involved a
power unknown to the Cherokees. This was the power of the rifle:
both its manufacture and the knowledge of what the rifle could do.
The backwoods rifle was a product of the early American frontier.
Formally known as the “Pennsylvania-Kentucky” rifle, this long-
barreled innovation became a standby throughout the Appalachians.
To assure precise
workmanship, it was
made out of the
softest iron
available. The inside
of the barrel, or the
bore, was
painstakingly “rifled”
with spiralling
grooves. This
gradual twist made
the bullet fly harder
and aim straighter
toward its target.
The butt of the
weapon was
crescent-shaped to
keep the gun from
slipping. All shiny or
highly visible metal
was blackened, and
sometimes a
frontiersman would
rub his gun barrel
with a dulling stain or
crushed leaf.
But the trademark of
the “long rifle” was
Alan Rinehart just that: its length.
Weighing over 2.5
Aunt Sophie Campbell made clay kilograms (5.5
pipes at her place on Crockett pounds) and
Mountain and sold them to her measuring more
neighbors and to other folks in the than 1.2 meters (4
Gatlinburg area. feet), the barrel of
the backwoods rifle
could be unbalancing. Yet this drawback seemed minor compared to
the superior accuracy of the new gun. The heavy barrel could take a
much heavier powder charge than the lighter barrels, and this in turn
could, as an expert noted, “drive the bullet faster, lower the
trajectory, make the ball strike harder, and cause it to flatten out
more on impact. It does not cause inaccurate flight....”
The Pennsylvania-Kentucky rifle became defender, gatherer of food,
companion for thousands of husbands and fathers. Cradled on a
rack of whittled wooden pegs or a buck’s antlers, the “rifle-gun” hung
over the door or along the wall or above the “fire-board,” as the
mantel was called, within easy and ready reach. It was the
recognized symbol of the fact that each man’s cabin was his castle.
Equipped with a weapon such as this, pioneer Americans pushed
back the frontier. The fastnesses of the Great Smoky Mountains
gradually submitted to the probing and settling of the white man. The
fertile valleys were settled, the hidden coves were conquered. The
Oconaluftee Turnpike to the top of the Smokies was completed in
1839. And in that fateful year, disaster was stalking a people who
had known the high mountains but who had not known of the ways
of making a rifle.
Rifle Making