Canadian Criminal Justice System
Why do new mothers commit infanticide?
Why does the Criminal Code have a section (including reduced penalties) when dealing with infanticide?
Should this offence warrant a separate section or should mothers who kill their babies be treated like any other murderer?
In Canada, the infanticide offence applies when a woman suffering from a “disturbed mind” causes the death of her newborn child. The Criminal Code does not define “disturbed mind,” but the offence
dictates that this mindset must arise from the effects of childbirth or lactation. Unlike other mental states that mitigate criminal responsibility, there is no causal connection required between the “disturbed mind” and the offence—it need only be present in the accused at the time of the offence.
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