Nearly a month ago, two Texas legislators proposed a new bill that would effectively make postpartum mental illness identifiable as a legitimate defense for women indicted in a court of law. This bill states that if a woman commits murder of their child under the age of one, the jury can take into account evidence of an “extremely disturbed mind” as a result of giving birth. Postpartum depression is recognized as a justifiable claim and in over 25 countries, including Canada, Australia, and Great Britain. Those countries have enacted infanticide laws, and Texas is considering becoming the first state in our country to also do so. According to defense attorney George Secrest, it is a difficult defense because “the jury is going to have to focus not only on the facts of the actual offense on trial, but they’re going to have to understand the mental state of mind of the accused.”
Despite concerns expressed by some, if the defense can present proper evidence of their client’s mental condition, I believe that evidence should be used as a mitigating factor in the jury’s decision. I hope Texas proceeds to take this infanticide bill into account and reviews it fairly and accordingly, because postpartum depression is a condition that can severely worsen into psychotic mental illness, and possibly result in tragedy. And murder conceivably caused by a hazardous psychological disorder should be enough to persuade Texas to, at the very least, fully assess and evaluate this bill with possible great consequence.
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Texas legislators proposed a new bill that is used as a defense for women in the court of law. If a woman murders their child under the age of one the jury can use mental illness as evidence. Texas is thinking of becoming the first state in the US to use postpartum depression as a claim in the court of law. I agree with Megan that the government should evaluate this bill carefully before it is taken into account and that it should be used in court as evidence. In addition, those who do have mental illness should be sent to be treated for their condition because it can worsen if the condition isn’t treated. It is common for those with mental illnesses to commit serious crimes and if they get the help they need there will be less mentally unstable people in the world and in jails. If this bill is passed in Texas than other states should also take into consideration establishing it.
ReplyDeleteA blog posted on May 1, 2007 on Profile Blogs, it is stated that Washington had a hearing in the House Subcommittee on Health on post-partum depression. They discussed ways to expand research on post-partum depression and how to get grants from the Department of Health and Human Services for services for women with post partum depression. It is important for congress to continue researching on this because it is crucial information they can find useful for their court cases in relation to women who have committed murders on their children.
http://www.prolifeblogs.com/articles/archives/2007/05/postpartum_depr.php
Lawmakers just approved the post-partum depression measure and now Texas is first state to have an infanticide law
ReplyDeleteI'm a strong proponent of the legislation. The only thing that will change public attitude is education about postpartum issues.
The bill, introduced earlier this the month by Representative Jessica Farrar, D-Houston, applies to women who commit the crime within 12 months of giving birth. If jurors find a defendant guilty of murder, they can take testimony about postpartum issues into consideration during the trial's punishment phase which I think is good.
If jurors believe that the woman's judgment was impaired as a result of childbirth or lactation, they can find her guilty of infanticide – a state jail felony that would carry a maximum punishment of two years in jail.
Postpartum depression is recognized as a legal defense in at least 29 nations, including Britain, [as well as Australia and Canada] which has had an infanticide law on the books since 1922.
Of course, there are a lot of people on the internet and talk radio in Texas who are pretty upset about this bill, many concerned that it would give women carte blanche to go around committing infanticide and not having to take responsibility for their actions. They don't care one whit that most Western countries around the world already have such laws.
I can see their point. It's a difficult concept to grasp that some who commit violent crimes may not be responsible, while others are surely responsible. How do you decide who is and who isn't? And then there's this: "Isn't anyone who would kill their child crazy? Does this mean they'll all get away with it now?" Before I had the unpleasurable opportunity of losing my mind for a brief period, I would have agreed with all of them wholeheartedly, so I understand their perspective. At the same time, I'm not a fan of some of the more ignorant and even downright mean statements being made around the state.
As I've said before, it is very difficult for people who haven't "lost their minds" to understand how anyone could. We can choose to pretend it doesn't happen, and watch as more crimes are committed that could have been prevented. Or we could try to create better programs to help these people, and when we don't help them, we could take a little responsibility on ourselves.
http://www.postpartumprogress.com/weblog/2009/09/a-rare-enlightened-look-at-the-infanticide-defense.html
Megan Nye reported about a new bill that is looking to be passed in Texas over the controversial illness known as Postpartum depression. The law is to make the mental illness caused by the birth of a child be seen as a legitimate defense for women who are consumed by the illness and are indicated due to their murdering their own child. In part of the bill it would only be substantial if the deceased child is under the age of 1. The jury, in the defense of the accused, can take into account of evidence of the disease as a result of giving birth. As of today there are over 25 countries that recognize Infanticide and if passed in Texas we will be the first in the United States to recognize it.
ReplyDeleteAs a resident of Texas I hope that a bill like this does pass for postpartum depression is a serious illness that can result in a lack of sense that otherwise wouldn't be thought of. Personally I have seen what this illness can do to someone, though never have they killed their child, it almost resulted in taking their own life. To have a bill that will protect those taken over by something of this nature will be a great asset and value to those involved and for Texas as well. If evidence is there to be proven as for the condition of the mother in question then an infanticide bill should be moved into action.
From reading one of my classmate's blog about infanticide laws, it brought more interest and a little frustration after reading through it. Postpartum depression is an illness that can not be treated instantly by any means, and it can lead to very serious consequences. It can be quite sad to see a once happy family all shattered apart, but this is no means an excuse to use when mothers have killed their babies of less than a year old. I totally disagree with the fact that mothers who murder their child before the age of one can be forgiven because of their postpartum depression. A child's life is very precious because it is the beginning for the future,and no one should have to take the child's life in a flash for no good reasons. We can not just let mothers who claimed that they are in postpartum depression to be off the sentence of murder that easily. Instead, shouldn't we help mothers who suffer from postpartum depression and devise programs during their pregnancy to help them gain self motivation and confidence? With increase in researches and studies, scientists and doctors should devise programs that help mothers in their pregnancy and after the pregnancy stage to feel better about themselves. It is not a good idea to let mothers who claimed that they suffered from postpartum depression without finding the solution. We need to find a solution that can reduce and hopefully terminate the cause of postpartum depression. Although this depression is a mental disorder, it can still be treated and tended for with the proper care. I certainly think that using this excuse to let mothers off the case is a little too easy. We live in an unfair world, and by far we have to pay for what we deserve.
ReplyDeleteA second concern about this bill is that this world alone is made up of swindlers and con people who can ultimately have a bad intention. We don't really know whether the mothers really suffered from postpartum depression or whether she was faking it all time to ease her way out of the court. Even if there are millions of tests and lie detectors out there, a person would do anything to get themselves out of jail. People can do it once, and what happenes when they have the second child and history repeats itself? What shall we do then? That's why the only thing we desperately need is to help women during their pregancy stages, and not come up with excuses to let them kill their own child.