An Infanticide Law for Texas

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.