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Topic: Infanticide Act


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In the News (Thu 31 Dec 09)

  
  Infanticide - LoveToKnow 1911   (Site not responding. Last check: 2007-10-29)
In many lands infanticide was regarded as a meritorious act on the part of a parent, done, as a precaution against famine, in the interests of the tribe.
Infanticide from motives of prudence was common among some American Indian tribes of the northwest, with whom the " potlatch " was an essential part of their daughter's marriage ceremonies.
In the law of England infanticide is murder or manslaughter according to the presence or absence of deliberation.
www.1911encyclopedia.org /Infanticide   (2140 words)

  
 History of Infanticide
Infanticide has been practiced on every continent and by people on every level of cultural complexity, from hunters and gatherers to high civilization, including our own ancestors.
The major difference between the nature of infanticide in the twentieth century, when compared to the rest of recorded history, however, is due to the impact of one modern medical advancement: the widespread availability of safe, and legal, means of abortion.
And just as infanticide was described as a crime that was committed by the mother in medieval times, such a likelihood remains true today.
www.infanticide.org /history.htm   (1734 words)

  
 Lawlink NSW: 3. Infanticide   (Site not responding. Last check: 2007-10-29)
In contrast, where infanticide is used as a substantive offence, it is not clear whether the prosecution is required to prove any specific intent on the part of the accused in causing the victim’s death, such as an intention to kill.
In contrast, where infanticide is raised by the accused as a defence to murder, the legislation does not specify whether it is the prosecution who must disprove, or the accused who must prove, that the defence of infanticide is established.
If this view is accepted, then the offence/defence of infanticide is unnecessary for the purpose of reducing culpability from murder in cases where a woman’s responsibility for killing her child is impaired by reason of a disturbed mental state.
www.lawlink.nsw.gov.au /lrc.nsf/pages/R83CHP3   (7289 words)

  
 Infanticide - Wikipedia, the free encyclopedia
In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species - often by the mother.
One frequent method of infanticide in antiquity was simply to abandon the infant, leaving it to death by exposure -- or whatever other fate befell it, commonly acknowledged to be slavery and prostitution.
Joseph Fletcher, founder of situational ethics and a euthanasia proponent, proposed that infanticide be permitted in cases of severe birth defects.
en.wikipedia.org /wiki/Infanticide   (1745 words)

  
 Infanticide or "Post-natal Abortion"
With regard to the public, [infanticide] causes no alarm, because it is a crime which can be committed only by mothers upon their newly born children.
Infanticide, a word that became part of our language in about 1656, a crime that is reported in the New Testament, although it is not called infanticide there – in that case it involved the murder of all male children aged one year or younger in the town of Bethlehem.
In 1938, Britain revised its infanticide statute, extending the age of victims from "newly born" to "under the age of 12 months." To justify this extension, the revised statute cited "the effect of lactation" on a woman's mind.
www.fathersforlife.org /fv/infanticide.htm   (1805 words)

  
 Infanticide - Changing Views of the Nature of the Child
Infanticide was punishable by the death penalty by the end of the fourth century.
Under English legislation (the Infanticide Act of 1938), a mother who kills her child within the first year of the child's life is assumed to be mentally ill. The highest crime she can be charged with is manslaughter.
Evidence of female infanticide in China dates back to 800 B.C.E. Females are viewed as less desirable in Chinese culture due to the expense involved in the dowry system and the fact that only a son can perpetuate the family line.
www.deathreference.com /Ho-Ka/Infanticide.html   (4535 words)

  
 SUICIDE PACTS
s4(1) It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other killing himself or being killed by a third person.
Provided that no person shall be found guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.
This measure also provides a defence where the act complained of was done in good faith for the sake of preserving the life of the mother.
privatewww.essex.ac.uk /~joash/suicide_pacts.htm   (528 words)

  
 UNWLLING MOTHERS, UNWANTED BABIES: INFANTICIDE IN CANADA
As infanticide became ‘medicalized’ by the late nineteenth century, Smart argued, women’s deviance was explained in terms of biology and psychology, not patriarchy.
As in other jurisdictions, infanticide was considered a “social” crime that was difficult to detect, under-prosecuted and met with considerable ambivalence from the community, politicians, the press, and legal officials.
Infanticide, a fitting legal category for the Victorian or Progressive era, does seem out of place in an age when parents can be arrested for spanking a child.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/kramar805.htm   (1557 words)

  
 Infanticide Act - Wikipedia, the free encyclopedia
The Infanticide Act is the name for a number of laws introduced into UK law (England and Wales, Scotland and Northern Ireland) that recognised the special nature of the killing of an infant child by its mother during the early months of life.
The Infanticide Act, 1922 effectively abolished the death penalty for a woman who deliberately killed her new born child while the balance of her mind was disturbed as a result of giving birth, by providing a partial defence to murder.
Before the partial murder defence of diminished responsibility was introduced to UK law in the Homicide Act 1957, this provided an important means of selecting a more appropriate sentence for a mother found guilty of killing her infant than the mandatory life sentence or death sentence applying to murder at the time.
en.wikipedia.org /wiki/Infanticide_Act   (253 words)

  
 Gendwaar- Backgrounders   (Site not responding. Last check: 2007-10-29)
The Act also represented an important moment in 19th century legal discourse on crime, where those sections of the colonial subject population whose culturally-specific actions were deemed deviant were interrogated, classified and controlled by the administrative, legal and coercive structures of the Government of India.
Under the Act, the death of all females infants under the age of 6 months in a proclaimed family was to be considered prima facie sudden and suspicious enough to warrant and inquest been held on the spot by the local police.
Despite the numerous problems associated with Act VIII of 1870, an apparent fall in female mortality statistics in the proclaimed villages by the end of the 19th century occasioned both a sense of false optimism and a rapid decline in direct interference in the affairs of the suspected clans.
gendwaar.gen.in /bgft4.htm   (10479 words)

  
 Jamaica Gleaner News - A crime only women can commit: infanticide - Monday | April 10, 2006
It is important to note that the crime of infanticide can only be committed by the mother of the child and only during the child's first year of life.
By adopting this definition, it could be said that infanticide was recorded in the Bible when Herod ordered the death of all male children one year or younger in the town of Bethlehem.
As early civilisations evolved, society's tolerance for acts perpetrated against infants by those who ought to have protected them eroded to the extent that the actions were criminalised.
www.jamaica-gleaner.com /gleaner/20060410/flair/flair10.html   (641 words)

  
 HB 427 - Senate Summary   (Site not responding. Last check: 2007-10-29)
A person commits infanticide by causing the death of a living infant through an overt act performed when the infant is partially born or born.
Only the person performing the overt act will be culpable, unless a person takes a substantial step that results in the death of the living infant.
This act is substantially similar to SB 345 and SB 274 (1999).
www.senate.state.mo.us /99info/hbsumms/HB427.htm   (184 words)

  
 Pagans, Christianity, and Infanticide
Infanticide was practiced by rich and poor, Romans and Greeks, citizens and slaves.
Even so, Christians worked against infanticide by prohibiting its members from practicing it, voicing their moral view on infanticide to the pagan world, and by providing for the relief of the poor and actually taking in and supporting babies which had been left to die by exposure by their pagan parents.
Although the church, with the assistance of the government, was working to address many of the causes of infanticide, it continued to pressure Rome for a ban on infanticide.
www.christiancadre.org /member_contrib/cp_infanticide.html   (1567 words)

  
 Families, Murder, and Insanity Defense Paternal Neonaticide
England has traditionally viewed infanticide as a "special crime" passing its first Infanticide Act in 1623 under the Stuarts and more recently in the Infanticide Acts of 1922 and 1938 (13,14).
He explains how man as well how other species use and have used infanticide as a means of population control and even comments on the relationship between abortion and infanticide.
In conclusion, the authors propose that infanticide should be divided into three subtypes as follows: A- at birth; B- birth to six months of age; C- six months to one year of age.
www.courtpsychiatrist.com /neonaticide.html   (3470 words)

  
 Section 565-300 Infant's protection act--definitions--c
A person is guilty of the crime of infanticide if such person causes the death of a living infant with the purpose to cause said death by an overt act performed when the infant is partially born or born.
This section shall not apply to any person who performs or attempts to perform a legal abortion if the act that causes the death is performed prior to the child being partially born, even though the death of the child occurs as a result of the abortion after the child is partially born.
Only that person who performs the overt act required under subsection 3 of this section shall be culpable under this section, unless a person, with the purpose of committing infanticide, does any act which is a substantial step towards the commission of the offense which results in the death of the living infant.
www.moga.mo.gov /statutes/C500-599/5650000300.HTM   (545 words)

  
 infanticide. The Columbia Encyclopedia, Sixth Edition. 2001-05
Infanticide often occurs among peoples whose food supply is insecure (e.g., the Chinese and the Eskimo).
Christianity, like Islam and Judaism, condemns infanticide as murder, and in all countries the act is a crime.
If infanticide served as a means of limiting family size, as many anthropologists believe, then the introduction of contraceptives, abortion, and other methods of population control may have rendered it obsolete.
www.bartleby.com /65/in/infantic.html   (236 words)

  
 No. 05-380: Gonzales v. Carhart - Brief (Merits)
That Act prohibits a physician from knowingly performing a partial-birth abor tion-a particular abortion procedure that Congress found to be "gruesome and inhumane" and to "blur[] the line between abortion and infanticide in the killing of a partially-born child just inches from birth." Act §§ 2(1), 2(14)(O), 117 Stat.
By specifying so-called anatomi cal "landmarks," the Act excludes standard DandE abortions in which a smaller portion of the fetus, such as a foot or arm, is drawn through the cervix (or outside the mother's body alto gether), and torn from the fetus, while the fetus is still living.
By requiring a discrete "overt act," the Act ex cludes standard DandE abortions in which the delivery of a portion of the fetus and the performance of the lethal act (i.e., the dismemberment of the fetus) are indistinguishable.
www.usdoj.gov /osg/briefs/2005/3mer/2mer/2005-0380.mer.aa.html   (12632 words)

  
 BBC NEWS | Programmes | Law in Action | Infanticide
This law dates back to the 1938 Infanticide Act which applies only to a specific person, a biological mother, who kills a specific person, her child, but only if that child is less than twelve months old.
It is based upon the presumption that the balance of the mother's mind is disturbed due to the effects of childbirth or lactation.
Infanticide carries a notional sentence of life imprisonment, but in reality tends to result in a probation or hospital supervision order.
news.bbc.co.uk /1/hi/programmes/law_in_action/4706687.stm   (205 words)

  
 Sexual Offences Act 2003
An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
An offence under section 47 of this Act, where the victim or (as the case may be) other party was 16 or over.
An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.
www.opsi.gov.uk /acts/acts2003/30042--i.htm   (2614 words)

  
 Wamela v The State [1982] PNGLR 269 (26 April 1982)
Both were committed for trial for wilful murder; the step-daughter pleaded guilty to a charge of infanticide and was sentenced to ten months; W was convicted of wilful murder and sentenced to 10 years.
The overt act by the appellant was counselling the death.
When the act of killing was performed it fulfilled the desire and counsel of the appellant which cannot be described in any circumstances other than that of wilful murder.
www.worldlii.org /pg/cases/PNGLR/1982/269.html   (4889 words)

  
 The Missouri Infanticide Law and Planned Parenthood's Falsehoods   (Site not responding. Last check: 2007-10-29)
This act would ban the partial-birth abortion (also known as "dilation and extraction") procedure, create a felony crime called "infanticide" in the state's criminal code, and would protect infants up to 30 days after birth.
First, the bill specifically states that a person is guilty of infanticide "if such person causes the death of a living infant with the purpose to cause said death by an overt act performed when the infant is partially born or born.
Since this is an infanticide bill, the bill does cover the situation where a woman performs an overt act to kill her newborn child.
www.rightgrrl.com /carolyn/missouripba.html   (1578 words)

  
 Infanticide for Beginners   (Site not responding. Last check: 2007-10-29)
Pinker’s point of departure is the recent spate of headlines regarding young women who, in a variety of circumstances, have killed, or left to die, their newborn babies.
Other traits include an ability to reflect upon ourselves as a continuous locus of consciousness, to form and savor plans for the future, to dread death, and to express the choice not to die.
By this point, Pinker’s whole analysis would lead to the conclusion that neonaticide is not the "immoral act" he called it at the outset but rather, at worst, the "unavoidable tragedy" that the hunter-gatherer women endure.
www.firstthings.com /ftissues/ft9801/opinion/nuechterlein.html   (784 words)

  
 INFANTICIDE ACT, 1949   (Site not responding. Last check: 2007-10-29)
(2) Where, upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are satisfied that she is guilty of infanticide, they shall return a verdict of infanticide.
(c) at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child
—This Act may be cited as the Infanticide Act, 1949.
www.irishstatutebook.ie /1949_16.html   (314 words)

  
 The GOP Double Standard on Infanticide - by Pat Buchanan - Articles, Essays and Speeches - T H E   I N T ...
On the eve of the 25th anniversary of Roe vs. Wade, the GOP decried partial-birth abortion as "heinous" but voted down a resolution to cut off funding to candidates who endorse the procedure.
Infanticide is awful, you see, but it must not be permitted to disrupt party unity.
Following the logic of last weekend's vote, if Clinton continued his support for this act of infanticide but decided to switch his party registration, he would qualify for GOP funding.
www.buchanan.org /pa-98-0119.html   (859 words)

  
 CatholicCitizens.org
Cincinnati abortionist Dr. Martin Haskell admitted in l992 of having 'routinely' and 'easily' performed over 1,000 partial-birth abortions himself, and that 80% of them are for purely elective [whimsical] reasons, such a depression or vomiting of the mother.
The truth is hundreds of doctors have testified there is virtually no condition that threatens the life of the mother to abort her child.
In addition, according to the Federal Born Alive Infant Act, a fetus legally becomes a child, a baby, an infant, when it is delivered, whether for long term healthy life or for decapitation by a butcher doctor.
www.catholiccitizens.org /printer/article.asp?c=31631   (1270 words)

  
 Marcé Society Australasian Branch: Abstracts: 2002   (Site not responding. Last check: 2007-10-29)
Maternal infanticide is a subject both compelling and repulsive.
Yet the perpetrator of this act is often a victim, too, and that recognition makes for a more paradoxical response.
Yet, even in Britain, there is debate over the abolition of the Infanticide Act.
www.wairua.com /marce/abstracts/abstract0282.html   (391 words)

  
 Ubcpress.ca :: University of British Columbia Press
The current “infanticide” law was adopted in 1948 to impose uniformity on legal practice and to ensure a homicide conviction.
She examines in detail the legislative history and infanticide case law, as well as the range of relevant medical discourses from the past 100 years.
By weaving together historical, anthropological, and socio-legal narratives of early 19th and 20th century infanticide laws, Johnson Kramar persuasively argues against the feminist critique of medical disciplines, and shows how medical experts focused on the harsh socio-economic conditions of poverty and social exclusion that many young unwed mothers faced, as a cause of infanticide.
www.ubcpress.ca /search/title_book.asp?BookID=4381   (584 words)

  
 BBC NEWS | Health | Infant-killing and the Victorian mother
The law was changed to accommodate such women, with the introduction of the Infanticide Act - creating a whole new legal definition of this kind of killing.
The Victorian leniency towards infanticide was shaken by a case in 1865 when a women from London, Esther Lack, killed her three children by slitting their throats.
Other women have been given long jail terms in the US for offences that would be classed as infanticide in the UK.
news.bbc.co.uk /1/hi/health/2985632.stm   (901 words)

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