Crime - Infanticide I
Infanticide
or infant homicide is defined as the act of killing a child within a year of
the child’s birth. While it is a crime that is mostly associated to developing
countries or third world countries or countries that are still lagging behind
the rest of the world, it is not unusual to come across cases of infanticide in
countries that do not fit the tag or label of developing countries and that
tends to suggest that there are various other causes or factors that compels
the offender to commit the crime other than just poverty.
Technically
while it is murder, because the intention to kill is or was always there, in
most of these cases it is clear that the parents or parent intended to kill the
child, the accused may still have a defense under diminished responsibility
because the intention to kill may have been brought on by a psychiatric
illness.
Now
it is worth remembering that diminished responsibility is different from
insanity and despite what most people may or may not think, diminished
responsibility is not insanity. The test for diminished responsibility is a “a
preponderance of probability” and the M’Naghten rules are used to establish
insanity.
I’m
going to divide infanticide into two categories i.e. that which occur in
developed countries and that which occur in developing countries and the reason
I’ve done so is because the underlying factors that compel the offenders to
commit the crime are different or rather the offenders are motivated by
different factors.
In
a leading case in a major European city for example and I don’t really want to
go into the details of where and when because our objective here is to
understand and appreciate what infanticide really is and to try and acquire
some understanding of it and to also realize that it could occur anywhere in
the world and not pinpoint any area or region, the offender and her partner
were charged with killing up to 8 babies.
The
babies were suffocated and wrapped in plastic before the remains were stashed
away either is some part of the home or disposed of in garbage bags and at the
trial the prosecution adduced evidence to show that the crimes were committed
not because the children would place a financial burden on the parents but
because the parents wanted to remain sexually active.
I’ve
highlighted this because whatever we choose to label it egoistic, machoistic or
sadistic, these crimes are motivated by some sort of a mental imbalance and
these are the types of situations where we can bring in the defense of the
offender not being mentally sound or diminished responsibility.
If
we were to use the reasonable man’s test the offender or the accused would no
doubt be found guilty but these are crimes or offences that the reasonable man
cannot contemplate or offences that are beyond the contemplation of the
reasonable man or the ordinary man and therefore it is to some degree pointless
applying the test because the only verdict that is going to be returned is that
of guilty of murder or guilty of multiple murders.
Sometimes
we have no choice but to look into the accused’s state of mind and we do this
because we want to prevent these types of crimes from happening again.
The
other reason why I have mentioned the case is because infanticide is not always
caused by the offender’s inability to financially cope with caring for a child.
It is the most common reason but it is not always the sole reason.
There
is also a distinction between infanticide and child abuse and unless there is
evidence that the child has been abused prior to death, the accused or the offender
should not be tried for child abuse. In most instances of infanticide, the
child is killed soon after the child is born. Child abuse implies wickedness or
cruelty towards another human being, infanticide often implies a sense of
helplessness.
The
second factor that we should take account of is the age of the offender.
Sometimes the offender is just too young and as hard as it may be to believe,
some of these offenders just don’t know any better. Many of them don’t know how
to survive with a child. Some of them can barely make it on their own and a
child is an additional burden that they just can’t cope with.
In
most of these cases especially when it is splashed across the front-page that
the remains of a baby were found somewhere, the mother is instantly to blame
and nothing is ever said about the father. I think we all know that it takes
two people of the opposite sex to make babies and infanticide is one of those
crimes where we can look at making both the mother and the father responsible
or accountable.
Copyright
© 2019 by Dyarne Ward
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