Lawmakers just approved the post-partum depression measure and now Texas is first state to have an infanticide law. I'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 is 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 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
I found the Political Blog posted by Catrina at Lone Star Government to be very interesting. I did not know that Texas had ever considered and has now approved an Infanticide Law. I have mixed feelings about this legislature but I am very glad that Catrina had brought it to my attention.
ReplyDeleteWhile I can tell that the author feels strongly for this piece of legislation, I wonder if more can be done. I know in England, if a mother of kills a child less than a year old the mother's mental health is evaluated before she goes to trial-avoiding the cost of a trial because issue is medical not criminal. Statistics tell us that for every one woman that gets treatment for her crime ten are imprisoned.
I do think that many people have a hard time grasping this type of legislation. Who gets decide between the mother who abuses their children on a routine basis and just has not been "caught" yet? What about the spouse? Are they to be held responsible for not noticing the signs?
I think that this is a great step for Texas and most likely a step that most states will follow. It was very interesting to read about. I think Grits For Breakfast made some interesting points