Cardozo Journal of Equal Rights & Social Justice
Abstract
The note argues that Munchausen Syndrome by Proxy (MSBP) should be legally recognized as a severe mental disorder, allowing defendants to use a diminished capacity defense in cases of accidental filicide. The author critiques the legal system's inconsistent treatment of MSBP, which often focuses on the physical harm to the child while neglecting the mother's mental state. By acknowledging MSBP as a psychiatric disorder, the law could achieve more nuanced outcomes that consider both the act and the defendant's mental condition, reducing stigma and promoting fairness in criminal liability assessments.
Disciplines
Courts | Criminal Law | Criminal Procedure | Health Law and Policy | Law | Law and Gender | Psychiatry and Psychology
Recommended Citation
E. S. Steelman,
A Question of Revenge: Munchausen Syndrome By Proxy and a Proposed Diminished Capacity Defense for Homicidal Mothers,
8
Cardozo J. Equal Rts. & Soc. Just.
261
(2002).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol8/iss2/5
Included in
Courts Commons, Criminal Law Commons, Criminal Procedure Commons, Health Law and Policy Commons, Law and Gender Commons, Psychiatry and Psychology Commons