Infanticide and American criminal justice (1980-2018)

The criminalization of women with postpartum psychosis: "a call for action" for judicial change

PURPOSE

To prevent the incarceration and influence outcomes when criminal culpability is linked to postpartum psychosis.

METHODS

Infanticide, neonaticide and filicide are most often linked with postpartum psychosis, which affects 1-2 women per 1,000 births or 4,000 women each year in the United States. Multiple genetic, hormonal and psychosocial factors surrounding childbirth result in a 1 to 4% risk of infanticide in women with postpartum psychosis. The authors seek to increase awareness of postpartum psychosis and postpartum depression in state legislatures. Others are working to have it recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM) as a specific illness. Specific postpartum legislation for those charged with crimes related to maternal mental illness is necessary.

RESULTS

In Illinois, the very first criminal law in the nation recognizing the pernicious effects of this illness went into effect in 2018. The authors and others are attempting to cause similar or broader legislation to be brought in other states. Several women have been released from extended incarceration utilizing this law.

CONCLUSIONS

This temporary mental illness can lead to tragic outcomes when hospitalization and crisis intervention is delayed or the illness is misdiagnosed. The legal/judicial system has not utilized the growing body of scientific developments that medical researchers have discovered in recent decades. The lack of a unique diagnostic classification in the DSM and the lack of postpartum criminal laws, lead to mentally ill mothers in the U.S. receiving excessively harsh sentences when prosecuted, evidenced both in trial and sentencing.

The Importance of Antepartum Maternal Depression Screening and Education: A Narrative Review of the Literature

The purpose of this literature review is to explain the current practice of antepartum maternal depression screening and education. The American College of Obstetricians and Gynecologists recommends that pregnant women be screened at least once during the antepartum phase of pregnancy by their health care provider. The fact that many women present with depression or anxiety at several time points during pregnancy suggests that only one screening during pregnancy is not enough. Antepartum and postpartum depression education is lacking within the prenatal period. This lack of education may decrease self-identification, leading to the decreased screening of pregnant women. Antepartum depression has a high probability of becoming postpartum depression, which might have significant implications for early discovery during pregnancy. These circumstances make antepartum depression one of the most under-recognized and under-treated conditions. [Journal of Psychosocial Nursing and Mental Health Services, 58(10), 19-23].