NCJ Number
132548
Journal
Hofstra Law Review Volume: 18 Issue: 4 Dated: (1990) Pages: 1133-1170
Date Published
1990
Length
38 pages
Annotation
This analysis of postpartum mental disorders and the use of postpartum psychosis as a criminal defense concludes that postpartum psychosis should not be made a separate statutory affirmative defense to homicide in the United States, as has been done in England, but that the insanity defense statutes already in place should be used.
Abstract
Postpartum mental illness has long been recognized, and recent studies indicate that from 50 to 80 percent of new mothers experience some type of emotional stress following childbirth. Postpartum psychosis is rare, occurring in 1 or 2 of every 1,000 births. Several recent cases have used postpartum psychosis as a defense, resulting in varying outcomes. Barriers to the acceptance of this defense include the lack of full acceptance of the illness by the medical and psychiatric professions, the fact that the psychosis is temporary, and juries' natural sympathy for the child. In addition, concern exists that criminal defendants will abuse this defense and that recognition of an exclusively female defense will promote sexism. Therefore, the criminal justice system should rely on existing insanity laws and should consider the facts of each case and the applicable jurisdictional test for insanity. The diminished capacity defense may be an alternative in cases failing to meet the insanity test. Footnotes