Milne provides a comprehensive analysis of conviction outcomes through court transcripts of 14 criminal cases in England and Wales during 2010 to 2019. Drawing on feminist theories of responsibilisation and 'gendered harm', she critically reflects on the gendered nature of criminal justice's responses to suspected infanticide.
Maternal filicide has been discussed in the medical, mental health, and child abuse fields, yet little research exists with a criminal justice/law enforcement perspective. Nevertheless, criminal justice professionals responsible for investigation and prosecution of these offenders often must give attention to unique behavioral, social, and psychological dynamics not considered in many other types of cases. The Federal Bureau of Investigation’s (FBI) Behavioral Analysis Unit (BAU) III – Crimes Against Children identified, collected, and reviewed law enforcement case files in which a biological mother killed her child(ren). Collectively, the cases involve 213 biological mothers who killed 265 children, and are comprised of neonaticide, infanticide, and filicide cases. Data analysis revealed that the offenders ranged in age from 12-46 years, and many were unmarried, unemployed, and had a history of violence. Many of the victims were three years of age or younger, did not live with their biological fathers at the time of their deaths, and had a history of maltreatment most often perpetrated by their mothers. In addition, traditional weapons such as a firearm or knife were used less often compared to asphyxiants and blunt force instruments. The authors explore the tenets of female violence, the mother-child dynamic and mental disorders, and address the complexities associated with investigating and prosecuting maternal filicide offenders.
This book provides the first comprehensive and detailed analysis of the Infanticide Act and its impact in England and Wales and around the world. It is 100 years since an Infanticide Act was first passed in England and Wales. The statute, re-enacted in 1938, allows for leniency to be given to women who kill their infants within the first year of life. This legislation is unique and controversial: it creates a specific offence and defence that is available only to women who kill their biological infants. Men and other carers are not able to avail of the special mitigation provided by the Act, nor are women who kill older children. The collection brings together leading experts in the field to offer important insights into the history of the law, how it works today, the impact and legacy of the statute and potential futures of infanticide laws around the world. Contributors consider the Act in practice in England and Wales, the ways it has been portrayed in the British media and justifications for and criticisms of the provision of special treatment for women who kill their infants within a year of birth. It also looks at the criminal justice responses to infanticide in other jurisdictions, such as Australia, Ireland, Sweden and the United States of America.
This Handbook brings together the voices of a range of contributors interested in the many varied experiences of women in criminal justice systems, and who are seeking to challenge the status quo. Although there is increasing literature and research on gender, and certain aspects of the criminal justice system (often Western focused), there is a significant gap in the form of a Handbook that brings together these important gendered conversations. This essential book explores research and theory on how women are perceived, handled, and experience criminal justice within and across different jurisdictions, with particular consideration of gendered and disparate treatment of women as law-breakers. There is also consideration of women’s experiences through an intersectional lens, including race and class, as well as feminist scholarship and activism. The Handbook contains 47 unique chapters with nine overarching themes (Lessons from history and theory; Routes into the criminal justice system; Intersectionality; Sentencing and the courts and community punishments; Specific offences; Incarcerated women’s experiences; Mothers and families; Rehabilitation and reintegration; Practitioner relationships), and each theme includes contributions from different countries as well as the experiences of contributors from different stages in their own journey. International and interdisciplinary in scope, this Handbook is essential reading for scholars and students of criminology, sociology, social policy, social work, and law. It will also be of interest to practitioners, such as social workers, probation officers, prison officers, and policy makers.
Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.
Bows and Herring expertly collate an extensive mix of perspectives on the topic of 'rough sex' to contribute to a powerful feminist investigation of this critical and timely debate.
A comprehensive account of the myriad ways that sex and crime interact in contemporary social life, sensitively confronting topics such as nationhood, abortion, child sexual exploitation, war, disability, pornography, and digital cultures. To explain how sex and crime is composed by, and composes, our understanding of these issues, this book: Draws on the authors’ research expertise, insightful case studies, and leading scholarship from across the globe. Develops students’ capacity to engage thoughtfully with diverse problems and to think critically, this is achieved with the help of creative learning exercises, empathetic questioning, and relevant illustrative examples. Encourages readers to be reflexive, open-spirited, and curious about how issues of sex and crime touch their lives and those of people around them.
The Routledge Handbook of Law and Death provides a comprehensive survey of contemporary scholarship on the intersections of law and death in the 21st century. It showcases how socio-legal scholars have contributed to the critical turn in death studies and how the sociology of death has impacted upon the discipline of law. In bringing together prominent academics and emerging experts from a diverse range of disciplines, the Handbook shows how, far from shunning questions of mortality, legal institutions incessantly talk about death. Touching upon the epistemologies and materialities of death, and problems of contested deaths and posthumous harms, the Handbook questions what is distinctive about the disciplinary alignment of law and death, how law regulates and manages death in the everyday, and how thinking with law can enrich our understandings of the presence of death in our lives. In a time when the world is facing global inequalities in living and dying, and legal institutions are increasingly interrogating their relationships to death, this Handbook makes for essential reading for scholars, students, and practitioners in law, humanities, and the social sciences.
"Maternal filicide-the killing of a child by the mother-is not a new phenomenon. Evidence of mothers killing their infants dates back to at least 2000 B.C.E. and the ancient Chaldean civilization. The trial of Andrea Yates in 2001 for drowning her five children, however, captured the public attention in a way few similar cases had before. Initially met with public shock and outrage, the Yates case also spotlighted postpartum psychosis and maternal mental health forensics-the intersection of maternal mental illness and the criminal justice system. Coedited by George Parnham, the attorney who successfully defended Yates, this book includes his narrative account of how he first heard about and came to take on the case. It also features real case examples from more than 30 experts in the field representing eight countries. In addition, the book includes a chapter on paternal filicide, an important subject that receives far too little attention in the literature. Firmly rooted in research, thorough in its description of theory, and packed with practical applications, this volume highlights the necessary competency areas for those involved in maternal mental health forensics, whether psychologists, psychiatrists, social workers, or lawyers"--
The first volume in green criminology devoted to gender, this book investigates gendered patterns to offending, victimisation and environmental harms. Including feminist and intersectional analysis, and with original case studies from the Global North and Global South, the book also examines actions that have been taken in response to gendered crimes and harms, together with insights on the gendered nature of resistance. The collection advances debate on green crimes, environmental harm and climate change and will inspire students and researchers to foreground gender in debates about reducing and transforming the challenges affecting our planet's future.
