Page numbers printed in boldface type refer to tables and figures.
AAI. See Adult Attachment InterviewAAPL.
See American Academy of Psychiatry and the Law
ABC.
See Attachment and Biobehavioral Catch-up
Abortion, in Australia,169
ACES.
See Adverse Childhood Experiences Scale
Actus reus (criminal act)in Canadian infanticide law,395
description of,391
Acutely psychotic filicide.
See also Altruistic filicide; Command hallucination
description of,391
Adult Attachment Interview (AAI).
See also Attachment
description of,391
in evaluation of filicide,363–364
Adverse childhood experiences (ACEs)description of,391
overview,xviii–xix
trauma, attachment, and,288
Adverse Childhood Experiences Scale (ACES), with pregnancy denial,163.
See also Andrea Yates v. State of TexasAffective pregnancy denial,155–156
description of,391
Ainsworth, Mary,291–292
Altruistic filicidebehavior in the third trimester,144
brief psychotic disorder and,145–146
case descriptions of,125–126, 138–141, 144
childhood trauma and disrupted attachment,134–135
description of,133–134, 392
forensic assessment and outcome for,126–127
vs. infanticide,142–143
medication and,143–144
overview,xxvi, 133–134
PPP and,137–138
case of,125–127
risk identification of,141–142
symptoms of,144
American Academy of Pediatrics,123
American Academy of Psychiatry and the Law (AAPL),220
American Association of University Women,340
American Law Institute, Model Penal Code test for insanity,44, 397
definition of,27
description of,402
Amici curiae,27
Amicus brief, description of,392
Andrea Yates v. State of Texas. See also Adverse childhood experiences; Expert witness; Wrongful actacquittal,36
admonishment and,270
appeal,21–22
confession,12
effects of Haldol on,10
evaluation of,181–182
examination of medical records by expert witness,181
execution possibility,12
hospitalizations,10
incarceration,11–12, 13
as landmark case,18
lessons learned from,20–21
media coverage of,5, 7–9
medical consent form for,6, 8
meetings with attorney, initial,5–7
mental illness,9
overview,xxiv–xxv, 3–5
perceptions of,14
pregnancy,8–9
success of,45
trials of,11–13
appeal,11–13
first trial, expert testimony in,185–187
“point of error” in defense of,11
second trial,13, 27, 30, 188
sentencing,11, 18
Andren,xx, xxi, xxviii, xxxi
Anglo Saxon law,394
Anxiety disordersas complication of PPP,114description of,392
Anxious-ambivalent attachment.
See also Attachment
description of,392
patterns of,291–292
Attachment.
See also Trauma
case conceptualization,230–
231case example of,289–291
COS as intervention,302, 305–306
description of,392
development of,309
disrupted,134–135
hostile-helpless style,301
overview,xxvii
patterns of,291–294
trauma, maternal filicide and,299–302
trauma-focused and dyadic interventions,302–309
Attachment and Biobehavioral Catch-up (ABC; ABC-I; ABC-T),302
description of,306–307
Attachment theory,135
in adulthood,294–296
in early childhood,291–294
Mom Power and,302
overview,291
Attorneys, PSI checklist for defending a mother accused or harming or killing her infant/child,341–
342, 349
Australiaabortion in,169
cultural context of pregnancy denial in,169–172
“Facebook killer” in,90
Infanticide Law,398
neonaticide and the law in,168
paternal filicide cases in the media,90, 91
prevention of paternal filicide in,103
sex education in,169
studies on fathers who kill,92Australian Homicide Project,92Australian Institute of Criminology’s National Homicide Monitoring Program,98,
92Austria, studies on fathers who kill,92, 95
Autopsyfraudulent,71
of stillborn babies,65
Avoidant attachment.
See also Attachment
characterization of,293
description of,392
“Baby blues,” as complication of PPP,114“Baby dumping,”323–324
Barnes, Diana,xxii
Behaviorabhorrent vs. aberrant,20
antisocial profiles,369
delusional thinking,148
fear,136
filicidal,300
grief,188–189
language and,148
in the third trimester,144
of women with PPP,138
wrongfulness of conduct,183–184
Bell, Kathryn,195–196
Bernard, Nadine,277, 278–279
Big Five Inventory,364,
367description of,392
Bipolar disorderas complication of PPP,114description of,393
infanticide and,380–381, 386
reproductive and mental health of young women and,389
treatment protocols for,389
Bipolar schizoaffective disorder, description of,393
Blatchford, Christie,280
Bodily threats (BTs),364
Boroweic, Meredith,274, 399.
See also R. v. BoroweicBoston Women’s Health Book Collective,340
Bowlby, John,135
Brief dissociative episode, description of,393
Brief psychotic disorderaltruistic filicide and,145–146
description of,393
symptoms of,145–146
British Infanticide Act of 1938,50, 56, 270
BTs.
See Bodily threats
Bumiputera,322.
See also Malaysia
Burden of proof.
See also Insanity; Insanity defense; M’Naghten rule; Model Penal Code; Not criminally responsible on account of mental disorder; Not guilty by reason of insanity
in Canadian infanticide law,59–60, 68
description of,393
sanity and,26
California Board of Corrections,342
California State Public Policy Task Force,342
Campione, Elaine,280
Canada.
See also Disturbance of mind
capital punishment abolishment in,63
n2
definition of mental disorder,401
description of newly born,402
Criminal Code of Canada,62–63, 399, 401, 402
infanticide in,270
infanticide law,270, 399
insanity defense in,399
maternal filicide in,xxvii, 267, 281
general characteristics of those who commit maternal filicide,267–268
maternal filicide in the media,267–270
media research, in maternal filicide,271–280
accused mother theme,278–279
analysis and interpretations of,271–272
breakdown of analyzed articles,271,
271criminal justice frame,272–276
criminal proceedings theme,272–274,
273descriptive narrative theme,276–280,
277filicide incident theme,276–278
infanticide law theme,274–275
mental health considerations theme,275–276
mental illness theme,279–280
negative portrayals of,266
publication standards of,281–282
stereotyping,268
“trial by media,”269
medicolegal issues in,63–64
no acquittal unless act or omission not willful,402
paternal filicide cases in the media,90
studies on fathers who kill,92, 95
suicide-filicide in,90
Supreme Court of Canada,399
Canadian Charter of Rights and Freedoms,66
n3
Capital punishment,63
n2.
See also Death penalty
Caregiversinternal working model for,295
trauma and,294
Case examplesof altruistic filicide,125–126, 138–141, 144
of attachment,289–291
of filicide in Italy,357–358
of infanticide in South Africa,379–380
of MDD,120
of OCD with postpartum onset,113, 115
of paternal filicide,105
of PPP,343–344
of pregnancy denial,158–159, 170–172
of suicide,289–291
Case law.
See also Andrea Yates v. State of TexasClark v. Arizona,25
Coker v. Georgia,394
Daubert v. Merrell Dow Pharmaceuticals, Inc. (Daubert challenge),127
E.I. DuPont de Nemours and Co. v. Robinson,27
Kelly v. Texas,27
People v. Coronado,48–49
People v. Hulitt,45
R. v. Boroweic,61, 75–78
R. v. Jacobs,62, 66
R. v. L.B.,61, 72–76
R. v. Marchello,61, 66
R. v. Swain,62Sexton v. State,27
Child abuse,311
trauma, attachment and,288
Child and Family Interagency Resource, Support, and Training (Child FIRST),309
Childhood.
See also Adverse childhood experiences
attachment theory in,291–294
foster care in England,51
filicide and,134–135
in Australia,163–164
disrupted attachment and,134–135
pregnancy denial and,163
Childhood Trauma Questionnaire,364,
366description of,393
Child maltreatment filicide.
See also Filicide; Maternal filicide
description of,393
Child–Parent Psychotherapy (CPP),302, 307–308
as treatment model,307–308
Circle of Security (COS),302
administration of,306
as attachment-based intervention,305–306
description of,305–306
Clark, Eric Michael,25
Clark v. Arizona,25
mens rea offense,26
principles of,25
verdict in,26
Cluster B personality disorder,369
Code of Corrections,51.
See also Public Act 100-0574
Cognitive incapacity,25
Coker v. Georgia,394
Comitz, Glenn,342
Comitz, Sharon,342, 343–344
Command hallucination, description of,393
Common law,43
description of,394
in England,43
Competency.
See also Expert witness
core,254–255
of legal experts,14
report on,223
Compulsions, description of,115, 394.
See also Obsessions; Obsessive-compulsive disorder
Concealed pregnancy,154–155.
See also Pregnancy denial
description of,394
in Malaysia,328
Concurrent evidence,223
Conditional release reports,228–229
Consistent detachment,293
Coronado, Carol.
See People v. CoronadoCoroner Institutions of Austria,92COS.
See Circle of Security
CPA.
See Criminal Procedures Act
CPP.
See Child–Parent Psychotherapy
Criminal act.
See Actus reusCriminal Code Amendment Act (Canada),67, 72, 78–79
freedom of the press and,270
infanticide in,270, 274–275
Criminal Code of Canada,62–63, 399, 401, 402
Criminal Code of Corrections,xxiv
Criminal justicedescription of,203–204
PSI’s involvement in,339–340
Criminal lawchanging in the United States,49–50
future of postpartum laws,54–55
history of,42–45
common law,43
defense of mental illness,44–45
forms of murder and homicide,43–44
legislative changes in Great Britain,50–51
in Italy,371–373
life in prison,46–47
mental illness and,55
present law,45–47
trial outcome and,45
Criminal Lawyers’ Association of Ontario (CLA),62–63
Criminally insane, legal definition of,147
Criminal Procedures Act (CPA; South Africa),383–384, 385
Culture.
See also Gender bias; Malaysia
cultural context of pregnancy denial in Australia,169–172
of mothers,17–18
with pregnancy denial,173
societal perceptions of fathers compared with mothers who kill,86
sociocultural considerations in South Africa,387–388
of South Africa,388
Daubert challenge, description of,394.
See Expert witness;
Daubert v. Merrell Dow Pharmaceuticals, Inc.Daubert v. Merrell Dow Pharmaceuticals, Inc. (Daubert challenge),127
description of,394
expert witness in,194
Davis, Wendy,xxii, 340
Death penalty, description of,394.
See also Capital punishment, abolishment in Canada
Death qualified jury.
See also Jury
description of,394
in Yates trial,188
De Bortoli, L.,170
Defect of the mind,225
Defenseeffect of NGRI,19
of infanticide,21–22
insanity defense in Canada,399
insanity defense in filicide,19–22
interviews of defendants,190
in mental illness,19, 28–32, 44–45
“point of error” in,11
Defense counsel,29–30
Defense expert witness,30–32
Deific decree defense,226–227
Delusionsbehavior during,148
description of,394
PPP and,118
psychology of,135–136
Delusions of control, description of,394
Delusions of reference, description of,394
Depersonalization, description of,394
Depersonalization/derealization disorderdescription of,395
DSM-5 diagnostic criteria for,166
with pregnancy denial,157
Derealizationdescription of,395
with pregnancy denial,157
DES.
See Dissociative Experiences Scale
Diagnostic and Statistical Manual of Mental Disorders (DSM-5)in the courtroom,163–164
definition of dissociative disorder,395
definition of sudden onset,393
description of,395
diagnostic criteria for depersonalization/derealization disorder,166
diagnostic criteria for MDD,362
diagnostic criteria for OCD,34–35
diagnostic criteria for PPP,227–228
diagnostic criteria of maternal mental health,xiv
for dissociative disorders,172
for MDD,121–123
for OCD,115,
116–
117postpartum psychotic episodes and,xvi
psychiatric terminology in,32–33
Dietz, Park,11–12, 27, 29–30, 33–34, 182, 185
DiManno, Rosie,277–278
Direstui,327.
See also Malaysia
Disease of the mind, description of,395
Disorganized attachment,310.
See also Attachment
description of,395
patterns of,291–292
trauma and,293
Disposition reports,228
Dissociation, description of,395
Dissociative disorderDSM-5 description of,395
DSM-5 diagnostic criteria for,172
Dissociative Experiences Scale (DES),222
description of,395
pregnancy concealment and,164
Disturbance of mind, in Canadian infanticide lawcriminal law amendments, midtwentieth century,67–69
description of,82, 395
first-degree murder for infant deathsR. v. Boroweic,75–78
R. v. L. B.,72–75
first-degree murder for two infant deaths,72–78
history of,60–63
interpretation of,62–63
legal distinction between mental disorder and disturbance of mind,80
legal standard for,60
legislative history of,63–64
maternal neonaticide,69–80
medicolegal challenges of,71–72
medicolegal hurdles,64–66
overview,xxv, 59–60
prosecutorial challenges,66–67
recognition of equality,78–80
reframing of definition of,77
DSM-IV, definition of infanticide,77
DSM-5.
See Diagnostic and Statistical Manual of Mental DisordersDuPont, John,182
Dyadic intervention, description of,395
Ecological framework, descriptionof,395–396
Edinburgh Postnatal Depression Scale,123
Education, continuing legal,348, 352.
See also Expert witness
Effert, Katrina,274
Ego-dystonic,128
description of,396
Ego-syntonic, description of,396
E.I. DuPont de Nemours and Co. v. Robinson,27
In flagrante delicto,374
Elango, Sivananthi,279
Emotion dysregulation, description of,396
Employees’ Provident Fund (EPF; Malaysia),335
England.
See also Great Britain
common law in,43
foster care in,51
Infanticide Act of 1922,50, 270, 398
English Serious Case Reviews,92, 97
Equal Measures 2030,323
Ethnographic content analysis, description of,396.
See also Frames; Themes
Exodus,42
Expert witness.
See also Andrea Yates v. State of Texas; Daubert v. Merrell Dow Pharmaceuticals, Inc.; Maternal mental health forensics
character of,219
core competencies of,254–256
for the defense,30–32
description of,396
evaluation of Andrea Yates v. State of Texas,181–182
examination of medical records in Yates case,181
expertise of,213
factors of the client’s life and,31
in first Yates trial,185–187
examination,186–197
direct examination,185–186
reaction to verdict,187–188
in infanticide case in South Africa,387
insanity defense and,183–185
jury and,27
overview,xxvi, 179
recommendations for,212–213
research investigation and,195–197
limitations of,211
methods of,196–197
novice vs. veteran of,196,
198, 202, 204–205, 207–209, 213
participants in,197
process of,196
scholarly books on,194–195
results and interpretations of,197–210
competency in,204–205
demographics of,199domains of competencies,200–204,
201, 213
criminal justice,203–204
maternal mental health,200–202
psychiatry,202–203
training,213
initiation to first maternal filicide case,205–206
level of competency and distinctions,198necessary supports to role of,206–210
meaning and reward in fulfillment of role of,208–210, 213
mentor in maternal mental health forensics,207–208
network of supportive professionals,207, 213
rolein Andrea Yates v. State of Texas,180–181, 193–195
in infanticide,xxvi–xxvii
in maternal infanticide and filicide,xxvi–xxvii
overview,193–195
in second Yates trial,188
Extended suicide,89
“Facebook killer,”90
Familypublic perception of family support,36
violence in,70
Fatal maltreatment, description of,396
FBI.
See U.S. Federal Bureau of Investigation
Fear,136
of abandonment,164
with pregnancy denial,161–162
Federal Constitution of Malaysia,405
Federal insanity standard, description of,396.
See also Insanity
Ferguson, Melissa,6
FEWA.
See Forensic Expert Witness Association
Filicide.
See also Altruistic filicide; Italy
age distinction of,xv
behavior and,300
case conceptualization indexof labor, delivery, and postpartum outcomes,249–
250of pregnancy history,245–
246categories of,190
description of,xv, 396–397
emotions in,190
fraternal,xxv
history of,xv
vs. homicide,22–23
insanity defense and,19–22
motives of,373–374, 386
officially registered,92prevalence of,xv–xviii
rate of psychosis,xv–xviii
research in Italy on,358–359
role of perinatal psychiatric complications in,111–113
in Spain,265
suicide-filicide by fathers compared with mothers,90, 98–99
terminology,xv
Finland, studies on fathers who kill,92, 95
Fitness to stand trial, assessment,203
Forensic consultants.
See Forensic experts
Forensic experts.
See also Forensic reports, writing
assessment of altruistic filicide,126–127
assessment of MDD,124–125
assessment of OCD,119–120
in perinatal population,129
role of,255–256
for the state,31, 33
Forensic Expert Witness Association (FEWA),212
Forensic psychiatry, in South Africa,385
Forensic reports, writing.
See also Forensic experts; Maternal filicide
case conceptualization,229, 253–254
early upbringing and attachment,230–
231filicideindex labor, delivery, and postpartum outcomes,249–
250index pregnancy history,245–
246history of substance abuse and offending,241–
242medicolegal report examples,251–
252neonaticideand index labor, delivery, and postpartum outcomes,247–
248and index pregnancy history,243–
244previous labor, delivery, postnatal, and parenting outcomes,237–
238previous pregnancy history,235–
236prior relationship history,233–
234psychiatric and medical history, with particular reference to pregnancy and the perinatal period,239–
240psychosocial/sexual development,232compiling,219–222
core competencies,254–255
by expert witness,205
faults of,221–222
interviews for,226
mother’s motive and,256
organization of,221
in South Africa,385
types of, related to maternal filicide and neonaticide,222–229, 256
competency/fitness reports,223
conditional release eligibility reports,228–229
disposition report,228
Infanticide Act reports,223–225
mitigation reports,228
not guilty by reason of insanity evaluations,225–228
overview,222–223
use of collateral information,255, 256
writingdistinctions between therapeutic role and expert witness role,218–219
overview,xxvii, 217–218
Foster care, in England,51
Fowler, Richard,273
Frames, description of,397.
See also Ethnographic content analysis; Themes
Framework analysis,333
Freedom of the press, in Canada,270
GBMI.
See Guilty but mentally ill
Gender bias.
See also Culture
description of,397
legal outcomes for fathers vs. mothers,101
overview,xxix
in paternal filicide,99–100
Gender equality, in Malaysia,323
Gender Index,323
Gender Inequality Index, description of,397
The Globe and Mail,267
maternal filicide research and,271,
271Goudge Inquiry Into Pediatric Forensic Pathology,71
Great Britain.
See also England
history of legislative changes in,50–51
studies on fathers who kill,96
Growing Up in New Zealand study,88
Guilty but mentally ill (GBMI).
See also Hinckley, John, Jr.; Insanity; M’Naghten rule; Model Penal Code; Not guilty by reason of insanity
as alternative to insanity defense,27–28
description of,397
Guilty mind.
See Mens reaHaldol,46
effects on Andrea Yates,10
Hatch, Gordon,273
HB 1764, process of,52–54
HD 1736 (An Act Relative to the Well-Being of New Mothers and Infants),53–54
HH.
See Hostile-helpless attachment style
Hill, Belinda,8
Hinckley, John, Jr.,25, 44, 183, 397–398.
See also Guilty but mentally ill; M’Naghten rule; Model Penal Code; Not guilty by reason of insanity
Historical, Clinical, and Risk Management–20,127
Home visiting programs,308–309
Homicidein Canada,70
child,xvi
culpable,223–224
definition of,398
vs. filicide,22–23
forms of,43–44
Honikman, Jane,340
Hostile-helpless (HH) attachment style,301
Hot-tubbing,223
Hudud, description of,398
Hulitt, Calandra.
See People v. HulittHuman Development Index, description of,398
Hunter, William,65
Hutchinson, Toi,53
Iatrogenic participationdescription of,398
with pregnancy denial,161
ICD.
See International Classification of Diseases
IllinoisHB 1764,52–54
Logan Correctional Facility,52
PA 100-0574 as model for change,51–54
recognition of PPD and PPP,56
Ilsley, J.L.,64
Imbecility,225
Incapacity, states’ standards for,25–28
Infanticide.
See also Disturbance of mind
age distinction of,xv
vs. altruistic filicide,142–143
in the Canadian Criminal Code,270
defense of,21–22, 73–74, 81
description of,xv, 398
DSM-IV definition of,77
motivation for,288
offense,382–383
role of expert witness,xxvi–xxvii
role of perinatal psychiatric complications in,111–113
victim in,35–36
Infanticide Act of 1922 (England),65, 270
description of,398
forensic report on,222–225
history of,50
Infanticide Law (Australia)description of,398
pregnancy denial and,170
states with and without,173
Infanticide law (Canada),59–60
burden of proof in,68
description of,399
interpretation of,274
passage of,60
research investigation and,195
text of,79–80
Informed consent,219
Insanity.
See also Burden of proof; Federal insanity standard; Guilty but mentally ill; Insanity defense; Insanity standard; M’Naghten rule; Model Penal Code; Not criminally responsible on account of mental disorder; Not guilty by reason of insanity
definition of,21
description of,399
expansion of,402
legal definition of,190
standards in the United States,22–24
Insanity defense.
See also Andrea Yates v. State of Texas; Not criminally responsible on account of mental disorder; Not guilty by reason of insanity; Wrongful act
in Canada,399
description of,399
establishment of,41–42, 56
expert witness and,183–185
filicide and,19–22
GBMI as alternative to,27–28
history and,55
jury in,184
malingering and,190
mens rea in,28
of the mother,35
“right and wrong test” for,145
Insanity Defense Reform Act of 1984,25, 183, 397
Insanity standard.
See also Federal insanity standard; Insanity; Model Penal Code
description of,399
Insecure attachment.
See also Attachment
description of,399
patterns of,291–292
Intellectual disability (mental retardation),223
Intent, example of,24
Inter alia,385
Intergenerational traumadescription of,399
history of,297–298
trauma-informed approach to,296–298
Internal working modeldescription of,399
trauma and,295
International Classification of Diseases (ICD)description of,400
diagnostic criteria for PPP,127, 227
diagnostic criteria of maternal mental health,xiv
International Marcé Society for Perinatal Mental Health,42, 340
Interpretative phenomenological analysis (IPA),196
Interviews.
See also Adult Attachment Interview
of defendants,190
expert witness research interviews,196–197
for forensic report,226
with relevant professionals,329–331
with women convicted of filicide,326–328
with ZOOM,196–197
IPA.
See Interpretative phenomenological analysis
Islam,405.
See also Malaysia; Syariah law (Malaysia)
Islamic,323
Israel, maternal filicide in,268–269
I-Suri (Malaysia),335
Italian Penal Codecharacteristics of,372
imputability and,372–373
Italyclinical case example of filicide incase conceptualization,359–362
filicidal event,359–360
patient history,360–362
description of,362–373
overview,357–358
psychiatric forensic aspects of,371–373
psychometric evaluation,363–371, 375
Adult Attachment Interview,363–364
Big Five Inventory,364,
367Childhood Trauma Questionnaire,364,
366Minnesota Multiphasic Personality Inventory–2,369,
370, 371
Temperament and Character Inventory–Revised,364,
368, 369
Traumatic Experience Checklist,364,
365theoretical foundations of,358–359
criminal law in,371–373
Policlinico Umberto I–Sapienza, University of Rome,357
Janin,325–326.
See also Malaysia
Jury.
See also Death qualified jury
expert testimony and,27
informed,23
in insanity cases,184–185, 190
voir dire,35
Justiceadvocates of,52
in the United States,48–49
Kelly v. Texas,27
Kingston, Amanda,111
Klein, Melanie,404
Kutty, Hajara,275–276
La belle indifferéncedescription of,392
with pregnancy denial,161, 172
Lactational insanity,225
Language, state of mind and,148
LaVia, Linda Chapa,52–53
Law and Order (television series),12, 29–30, 188
Law enforcementmental illness and,36
pregnancy denial and,160
role in criminality,14
LEAF.
See Women’s Legal Education Action Fund
Legal issues.
See also Criminal
laws continuing legal education,348
history of criminal laws,42–45
in infanticide in South Africa,385
maternal mental health forensics and,xiii
paternal filicide, legal outcomes for fathers compared with mothers,100–102
postpartum psychosis in the courtroom,146–147
U.S. system of laws,47–51
Legal Toolkit,340, 348–349, 352
LegislationBritish Infanticide Act of 1938,50, 56, 270
Criminal Code Amendment Act (Canada),67, 72
Criminal Code of Canada,399
Criminal Procedures Act (CPA; South Africa),383–384, 385
HB 1764,52–54
HD 1736 (An Act Relative to the Well-Being of New Mothers and Infants),53–54
Infanticide Act of 1922 (England),50, 65, 222–225, 270, 398
Infanticide Law (Australia),398
Insanity Defense Reform Act of 1984,25, 183, 397
Mental Health Care Act (South Africa),384–385
Michigan GBMI statute,397
PA 100-0574,403
Senate Concurrent Resolution Number 23,342
Youth Criminal Justice Act,61Leitz, Lisa,345
Leung, Sarah,279
Lewis, Barry,53
Life in prisonsuicide,46–47
without parole,49
Lithium,380
Logan Correctional Facility,52
Major depressive disorder (MDD)case description of,120
as complication of PPP,114in DSM-5definition of,400
description of,362
diagnostic criteria for,121–123
forensic assessment and outcome for,124–125
with psychotic features and postpartum onset,120–125
Malay, description of,322
n1
Malaysiadescription of,322–324
economic development in,323
Federal Constitution,405
gender-based violence in,329
gender equality in,323
indigenous people and natives of,322–323
marriage in,324
maternal filicide in,xxvii–xxviii
context and perspective in understanding filicide,331–334
overview,331
previous research,331–333
theoretical foundations of,333–334
overview,321–322
recent changes and,334–335
research in,324–330, 336
common features of women’s accounts,328–329
interviews with relevant professionals,329–331
interviews with women convicted of filicide,326–328
secondary analysis of national data,325–326
media in,323–324
neonaticide and infanticide in,323–324
patriarchal legal and social systems in,335
as a patriarchal society,332–333
social context of,335
Syariah law in,404–405
Malice aforethoughtdescription of,400
history of,43
Malingeringdescription of,400
in insanity cases,190
Manslaughter, description of,44, 400
Mariticidedefinition of,400
motives for,89
Marriage, in Malaysia,324
Maternal filicide.
See also Andrea Yates v. State of Texas; Canada; Filicide; Malaysia; Reports
aftermath of,188–190
at-risk behavior,287
in Canada,xxvii
background,267
media stereotyping,268
case conceptualization of motive for,251–
252case example of,xxviii–xxix
claim of self-defense in,44
competencies of legal experts,14
criminal responsibility determination of,xxix–xxx
“depends” variables of,xxx
description of,401
expert witness competency in,205–206
insanity defense in,35
in Israel,268–269
in Malaysia,xxvii–xxviii
in the media,86–87, 268–270
mental illness with,13
motivation for,288
over of case example of,xxviii–xxix
overview,xxv, xxv–xxvi
PPP and,41–42
predictors of,287
prevalence of,123–124
relationship with child’s father,102
role of expert witness in,xxvi–xxvii
scholarly books on,194–195
sentencing,11, 18–19
in Spain,265
in Sri Lanka,279
trauma, attachment, and,299–302
biobehavioral catch-up and,306–307
child–parent psychotherapy,307–308
Circle of Security,305–306
home visiting programs,308–309
Mom Power intervention,304–305
trauma affect regulation,303–304
trauma-focused and dyadic interventions,302–309
triggers,14
types of forensic report for,222–229
victim in,35–36
writing the report,xxvii
Maternal filicide theoretical framework (MFTE),300
Maternal mental healthat-risk mothers,40–41
expert witness and,200–202
focus on well-being of,200
future of,56
as worldwide crisis,39–40
Maternal mental health forensics.
See also Expert witness
description of,xiii–xiv
DSM-5 diagnostic criteria and,xiv
evolution of,211
expert witness mentor in,207–208
future directions of,xxix
ICD-11 diagnostic criteria and,xiv
legal system and,xiv
mental health laws and,xiii
overview,xiii
Maternal neonaticide.
See also Infanticide; Newly born
in Canada,60
definition of,60
description of,401
prosecution of women who commit,59–60
McConnell, Allyson,273, 278, 279
MDD.
See Major depressive disorder
Media.
See also Canada
coverage of Yates trial,5, 7–9, 188
freedom of the press,270
illustrative cases of maternal and paternal filicide,90–91
maternal and paternal filicide in,86–87
maternal filicide in,268–270
negative portrayals of,266
public fixation of maternal filicide and,193
“trial by media,”269
Medicolegal issuesin Canada,64–66
case conceptualization,229,
230–
252, 253–254,
Mehl, Eric,11
Mens rea (guilty mind).
See alsoActus reus (criminal act); Malice aforethought
in Clark v. Arizona,26
description of,401
as insanity defense,28
Mental disease or defect, establishment with pregnancy denial,165–168
Mental disorder.
See also Disease of the mind; Not criminally responsible on account of mental disorder
definition in Canada,401
description of,401
legal distinction between disturbance of mind and,80
Mental healthin Canada,275–276
maternal mental health forensics and the law,xiii
resources,xxii–xxiii
stigma of,387–388
untreated,113
of young women,389
Mental Health Association of Houston,13
Mental Health Care Act (South Africa),384–385
Mental illness.
See also PA 100-0574
awareness and appreciation of,14
defense of,19, 28–32, 44–45
forensic expert,33
indicators of,14, 36
insanity standards in the United States and,22–24
consequences of actions,23
nature of the act or case,22
wrongfulness of actions,23–24
law enforcement and,36
leading to the offense of infanticide,380–382
maternal,55
with maternal filicide,13
of mothers,226
product of,25
psychiatric terminology,32–33
rights of,62stigma of,389
treatment,28
as worldwide crisis,39–40
Mentalization, description of,401.
See also Reflective functioning
Mental retardation.
See Intellectual disability
MFTE.
See Maternal filicide theoretical framework
Michigan GBMI statute,397
Minding the Baby (MTB),308–309
Ministry of Women, Family, and Community Development (Malaysia),335
Minnesota Multiphasic Personality Inventory-2 (MMPI-2),222
description of,401
in evaluation of filicide,369,
370, 371
Mitigation reports,228
MMPI-2.
See Minnesota Multiphasic Personality Inventory-2
M’Naghten, Daniel,401–402
M’Naghten rule.
See also Insanity; To know/knew; Wrongful act
defense of mental illness and,44–45
description of,401–402
history of,22
as insanity standard,24–28
Model Penal Code (MPC),44, 397–398.
See also Insanity; To know/knew; Wrongful act
description of,402
forensic report and,225
restrictions of,44–45
Models.
See also Model Penal Code
internal working model,295, 399
MFTE,300
traumagenic neurodevelopmental model of psychosis,xix, 405
Mom Power,302, 304–305
Mood disordersmedication for,143–144
prevention of relapse of,386–387
Mood stabilizers, during pregnancy,143–144
Moral incapacity,25
“Moral wrongfulness”in New Zealand,35
statute,35, 225–226
Motherhoodat-risk mothers,40–41
culture of,17–18
description of,133
PPP and,27
vide assessment of,29
MPC.
See Model Penal Code
MTB.
See Minding the Baby
Murcia Today,266
Murderdefinition of,43
forms of,43–44
sentencing for second-degree murder,167
Murder-suicide,47
NAM Institute for the Empowerment of Women in Malaysia,335
National Confidential Inquiry Into Suicide and Homicide by People With Mental Illness,92, 96
National Incident-Based Reporting System,96–97
National Population and Family Development Board (Malaysia),335
National Post,267
maternal filicide research and,271,
271National Security Policy (Malaysia),335
National Violent Death Reporting System,92, 97, 99
NCRMD.
See Not criminally responsible on account of mental disorder
Negation of pregnancy,155.
See also Concealed pregnancy; Pregnancy denial
Neonaticide.
See also Pregnancy denial
age distinction of,xv
case conceptualization indexof labor, delivery, and postpartum outcomes,247–
248of pregnancy history,243–
244description of,402
global,168
motivation for,288
preceded by concealed or denied pregnancy,166–167
types of forensic report for,222–229
in young mothers,69
Netherlands, studies on fathers who kill,92, 95
Newly born.
See also Infanticide law (Canada); Maternal neonaticide
Canadian description of,82, 402
definition in Canada,60
New South Wales (NSW), neonaticide and the law in,168
The New York Times,187
New Zealanddefinition of infanticide,398
“moral wrongfulness” statute,35, 225
neonaticide and the law in,168
paternal filicide in,88
prevention of paternal filicide in,103
NGRI.
See Not guilty by reason of insanity
Nightline,180
No acquittal unless act or omission not willful (Canada), description of,402.
See also Infanticide law (Canada)
Non-death qualified jury, description of,402
Not criminally responsible on account of mental disorder (NCRMD).
See also Disease of the mind; Guilty but mentally ill; Insanity; Mental disorder; Not guilty by reason of insanity; To know/knew
in Canada,68
description of,402
Not guilty by reason of insanity (NGRI).
See also Guilty but mentally ill; Insanity; Insanity not criminally responsible on account of mental disorder; To know/knew; Wrongful act
in adjudication of Andrea Yates,13
changes in law,49–50
defendant evaluation,182
as defense,19–22
description of,399, 403
evaluations for,225–228
sentencing,167
NSW.
See New South Wales
Nulliparous, description of,403
NVivo 12,272
Obsessions.
See also Compulsions; Obsessive-compulsive disorder
description of,115, 403
with OCD,117
vs. thought insertion,32
Obsessive-compulsive disorder (OCD).
See also Compulsions; Obsessions
Andrea Yates and,34
description of,403
differentiation from a psychotic disorder,129
DSM-5 diagnostic criteria for,115,
116–
117DSM diagnostic criteria for,34–35
forensic assessment and case outcome for,119–120
obsession with,117
outpatient monitoring of,117–118
with postpartum onset,113–120
case description of,113, 115
Ocampo, Judge,48–49
OCD.
See Obsessive-compulsive disorder
O’Day, James,53–54
Odom, Wendell,7
Offensecase conceptualization of,241–
242lawyer’s perception of,36
Organized attachment, description of,403.
See also Attachment
Orphenadrine,381
O’Sullivan, John,4
Oymby, Joe,186–187
Parentingattachment in adulthood and,294–296
provision of safe haven for children,305
Parnham, George,180, 188, 349
biography of,xx–xxi
legacy of his work,xix–xx
Parolelife in prison and,49
in maternal filicide,171
“Parricide.” See Filicide
Partner revenge filicide, description of,403
Paternal filicide.
See also Filicide
“accidental,”89
assumptions/bias of,105
case example of,105
considerations in evaluations of fathers who have killed,102
“constant quarrels” prior to,96
description of,403
fathers compared with mothers who killfilicide-suicide,98–99
legal outcomes for,100–102
research comparisons,91,
92–
94, 95–98
societal perceptions of,86
fathers with history of “tyrannical discipline,”95
gender bias and,99–100, 101
illustrative cases in the media,90–91
in the media,86–87
motives for child murder by fathers,89–90
in New Zealand,88
overview,85–86, 88–89
paternal depression in pregnancy and postpartum,87–102
prevalence of,104
prevention of,102–104
relationship with child’s mother,102
stressors and,104
Patriarchal society.
See also Gender bias
description of,403
Peng, Xuan Linda,277–278
PenPal Network Newsletter,344–346
PenPal Network for Incarcerated Women,340, 344–346
People v. Coronado,18, 48–49
People v. Hulitt,45
Perceived threat,297
Perinatal periodcase conceptualization and medical history,239–
240description of,403
mental health education and training,xiv
psychiatric complications,114research investigation and,195
role of psychiatric complications in infanticide and filicide,111–113
Perinatal Psychiatric Consult Line,349–350
Perpetration, substantial step of,48
Persecutory/paranoid delusions, description of,403
Pervasive denial of pregnancy,155.
See also Pregnancy denial
PMADS.
See Potential mood and anxiety disorders
Policlinico Umberto I–Sapienza, University of Rome,357
Position Paper on Psychosis-Related Tragedies,346–347, 351
Postpartum depression,389
description of,404
DSM-5 and,xvi
overview,xxviii
prevalence of psychosis and,xvi
report on,228
Postpartum psychosis (PPP)altruistic filicide and,137–138
behavior of women with,138
case examples of,343–344
in a case of altruistic filicide,125–127
comorbidities and,137–138
complications of,114in the courtroom,146–147
delusions with,118
description of,404
DSM-5 diagnostic criteria for,227–228
forensic assessment and outcome for altruistic suicide,126–127
forensic report and,227
ICD-10 diagnostic criteria for,127
ICD-11 diagnostic criteria for,227
indicators of diagnosis,xvi
mental state of mothers with,27
in mothers who commit filicide,41–42
prevalence of,40
psychiatric history and,118
public health and,346
risk factors for,123
role of perinatal psychiatric complications with,113,
114, 118–119
sentencing in,18
symptoms of,xvii, 49, 118–119
warning signs of,351
Postpartum Psychosis Task Force,351
Postpartum Support International (PSI),xxi–xxii, 276.
See also Postpartum psychosis
advocacy for mothers and PPP,340, 342–344
case examples of PPP,343–344
checklist for attorneys defending a mother accused of harming or killing her infant/child,341–
342, 349
continuing legal education,348, 352
inception of the PSI PenPal Network,344–346
involvement in criminal justice,339–340
justice and advocacy,347–350, 351
consultation with legal and mental health professionals,349–350
program,347–348
education,348
policy advocacy,348
resources and outreach,347
Legal Checklist for Attorneys,340
Legal Toolkit,340, 348–349, 352
long-term goals of,350–351
overview,339–340
PenPal Network for Incarcerated Women,340–346
policy and advocacy,350–351
Position Paper on Psychosis-Related Tragedies,346–347, 351
Toolkit for Legal Professionals,348–349
Yates Children Memorial Fund Justice and Advocacy Program,350
Potential mood and anxiety disorders (PMADS), in maternal mental health,200–201
PPP.
See Postpartum psychosis
Pregnancyabsence of symptoms with,173
behavior in the third trimester,144
case conceptualization of previous pregnancy history,235–
238“fourth trimester” of,41
maternal attachment to fetus,298
mood stabilizers during,143–144
paternal depression in,87–102
psychiatric symptoms of,41
Pregnancy and Postpartum Mood and Anxiety Disorder Program,53
Pregnancy denial.
See also Affective pregnancy denial; Concealed pregnancy; Iatrogenic participation;
La belle indifferénce; Neonaticide
affective,155–156
assessment and evaluation of,162–165
Australian cultural context of,169–172
case examples of,158–160, 170–172
childhood trauma and,163–164
concealment,154–155
culture and,173
demographic profile of,160–161
description of,155–156, 404
establishment of mental disease or defect and the law,165–168
establishment of mental disease or defect and the law with DSM-5,165–168
global neonaticide,168
motivation for,161–162
multiple factors in,173
overview,153–154
pervasive,156–160
presentation of symptoms of,156
psychosocial history in the courtroom,172–173
review of medical records,165
symptoms of,162
unassisted deliveries,157–159
Premeditation, history of,43.
See also Malice aforethought
Projective identification, description of,404
Prosecution, of women who commit maternal neonaticide,59–60
Prozac, during pregnancy,143–144
PSI.
See Postpartum Support International
Psychiatrydescription in maternal mental health,202–203
forensic, in South Africa,385
issues in infanticide in South Africa,386–387
Psychologyevolutionary,100–101
psychiatric terminology,32–33
Psychopathology, ACEs and later-life,xviii–xix
Psychosisin childbearing women,138
traumagenic neurodevelopmental model of,xix
Psychosocial development, case conceptualization of,232Psychotic, description of,32–33
Psychotic defense,363
Psychotic denial, description of,404
Public Act (PA) 100-0574.
See also Mental illness
description of,403
as grassroots feat,52
overview,xxv
passage of,51–52
purpose and limitations of,54
as recognition of mental illness of the mother,21–22
Public health, PPP illnesses and,346
Race, postpartum mental health issues and,128–129
Randomized controlled trial (RCT)ABC and,306–307
Child FIRST and,309
Mom Power and,305
Reagan, Ronald,25, 44, 183, 397–398
Reckless homicide, description of,404
Reflective functioning (RF),310.
See also Mentalization
description of,404
trauma and,298–299
Relational trauma, description of,405
Relationships, case conceptualization of prior history,233–
234Reports.
See Forensic reports, writing
Resnick, Phillip,xv, 142
RF.
See Reflective functioning
Rich, Adrienne,xiii
“Right and wrong test,” in determination of insanity,145
Risperidone,381
Ross, Tiffany,340
Rowan, Carl,183
R. v. Boroweic,75–78
infanticide defense,60,
61–
62R. v. Jacobs,62, 66
R. v. L.B.,61, 72–75
R. v. Marchello,61, 66
R. v. Swain,62,
68Ryan, Bill,52
“Safe haven,”292, 305
Sanity, burden of proof and,26
Schultz, David,182
Secure attachment.
See also Attachment
description of,404
development of,309
patterns of,291–292
Self-defense, in maternal filicide,44
Senate Criminal Law Committee,53
Sentencingin Yates,11, 18
extended,55
guidelines,167
for maternal filicide,18–19
in postpartum psychosis,18
for second-degree murder,167
Sex education, in Australia,169
Sexton v. State,27
Sexual behavior,334, 359
Sexual development, case conceptualization,232Sexuality, with pregnancy denial,161–162
Shared Prosperity Vision 2030,334–335
SIDS.
See Sudden infant death syndrome
Simanis, Lita,52–53
Smith, Charles,70–71
Smith, Susan,182–183
Social Institute of Malaysia,335
Social Welfare Department (Malaysia),335
South Africaclinical case of infanticide inbackground,380
expert witness in,387
infanticide offense,382–383
legal issues,385
legal outcomes,383–385
mental illness leading up to the offense,380–382
overview,379–380
post infanticide,383
psychiatric issues,386–387
sociocultural considerations,387–388
Sterkfontein Hospital, Johannesburg,379, 383
culture of,388
Spain, maternal filicide in,265
Spinelli, Margaret,xvii–xviii, 42
Spouse revenge filicide, description of,404.
See also Filicide; Partner revenge filicide
Sri Lanka, maternal filicide in,279
Statistics Canada Annual Homicide Survey,92, 269
Statistics Finland,92Stillborn baby,64–66
Stressors, in paternal suicide,104
Substance abuse, case conceptualization and history of,241–
242Sudden infant death syndrome (SIDS),61prevalence in Canada,70–71
Sudden onset, DSM-5 definition of,393
Suicidecase example of,289–291
extended,89
filicide-suicide by fathers vs. mothers,98–99
vs. life in prison,46–47
murder-suicide,47
paternal,104
Supreme Court of Canada,59, 60,
61, 78, 79, 399
Syariah law (Malaysia),323, 404–405.
See also Hudud
TARGET.
See Trauma Affect Regulation: Guide for Education and Therapy
Tasmania, neonaticide and law in,168
Taylor, Verta,345
Temperament and Character Inventory–Revised,364,
368, 369
description of,405
Texas, capital murder in,11.
See also Andrea Yates v. State of TexasThanatophoric dysplasia, description of,405
Themes, description of,405.
See also Ethnographic content analysis; Frames
Thompson, Angela,340, 342, 343
Thompson, Jeff,342
Thought insertionAndrea Yates and,34
vs. obsession,32
Time magazine,340, 342
To know/knewdefinition of,23–24
description of,400
meanings of,36
“psychobabble” and,33
vs. wrongful act,14
Toolkit for Legal Professionals,348–349
Toronto Star,267
maternal filicide research and,271,
271Total Video,8
Trauma.
See also Attachment
attachment, maternal filicide, and,299–302
childhood,xxvi, xxvii
description of,405
experiences of,311
historical,297–298
neurobiology of,136–137
psychology of,135–136
reflective functioning and,298–299
trauma-focused and dyadic interventions,302–309
Trauma Affect Regulation: Guide for Education and Therapy (TARGET), description of,303–304
Traumagenic neurodevelopmental model of psychosis, description of,405.
See also Trauma
Trauma-informed approach, description of,405.
See also Trauma
Traumatic Experience Checklist,364, 405–406,
365U.K. Law Commission,225
United Kingdom.
See also England
studies on fathers who kill,92traumagenic neurodevelopmental model of psychosis in,xix
United Nations Development Programme,325, 397
United Nations Educational, Scientific, and Cultural Organization’s Comprehensive Sexuality Education,335
United Nations’ Sustainable Development Goals,323
United Statesinsanity standards in,22–24
paternal filicide cases in the media,90
studies on fathers who kill,92system of laws,47–51
changing criminal law in,49–50
justice,48–49
Unwanted child filicide, description of,406.
See also Filicide; Neonaticide
U.S. Federal Bureau of Investigation (FBI)Supplementary Homicide Reports,96
in Yates case,92, 180
Uxoricidedescription of,406
motives for,89
Verdictin Andrea Yates v. State of Texas,188
in Clark v. Arizona,26
Victimimpact statements,274
in maternal infanticide and filicide cases,35–36
Victoria, neonaticide and the law in,168
Video, in assessment of the mother,29
Violence Risk Appraisal Guide,127
Violent Crime Linkage Analysis System,92Voir dire,35
Volitional incapacity,25
Wachenheim, Cynthia,41
Wakeling, Justice,75–77
Well-being, maternal mental health and,200
William the Conqueror,43, 394
Womenof childbearing age,138
prosecution of women who commit maternal neonaticide,59–60
reproductive history of,148
Women’s Legal Education Action Fund (LEAF),62, 78–79
Wong, Gina,xxi–xxii, 195–196
Woollcoombe, Jennifer,275
Wrongful act,45–46.
See also Andrea Yates v. State of Texas; Malice aforethought; To know/knew
description of,406
vs. to know/knew,14
Wrongful actlegal definition of,190
prosecution of,23–24
Yates, Andrea.
See Andrea Yates v. State of TexasYates, Rusty,5, 30
Yates Children Memorial Fund Justice and Advocacy program,13, 340, 347
description of,350
Youth Criminal Justice Act,61ZOOM, interviews with,196–197
