Neonaticide and the "Ethos of Maternity": Traditional Criminal Law Defenses and the Novel Syndrome

Authors

Judith E. Macfarlane, Benjamin N. Cardozo School of Law

Abstract

The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Law | Law and Gender

Recommended Citation

Judith E. Macfarlane, Neonaticide and the "Ethos of Maternity": Traditional Criminal Law Defenses and the Novel Syndrome, 5 Cardozo J. Equal Rts. & Soc. Just. 175 (1998).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol5/iss1/9