Abstract
As we saw in Chapter 4, the options for infant disposal that were open to pregnant women in Britain before the twentieth century were limited. Abortion, infant abandonment, wet-nursing and baby-farming were all problematic because of their potential fallibility, the expense they necessitated and the threat they posed to both physical health (in the case of pre-modern terminations) and future security, given that these mechanisms were commonly predicated on the need for the woman concerned to reveal her condition to another party. For many women, when faced with few alternatives, infanticide must have seemed like their only reliable course of action or was their last resort, when other options had failed.2
women who are pregnant, without daring to avow their situation, are commonly objects of the greatest compassion; and generally are less criminal than the world imagine.1
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Notes
W. Hunter (1783) ‘On the Uncertainty of the Signs of Murder in the Case of Bastard Children’—A Paper Read to the Members of the Medical Society, p. 5. The essay was published a year later in the journal Medical Observations and Inquiries, 6, pp. 266–90 [University of Glasgow, Sp Coll. Hunterian Add. 279].
For further discussion see J.L. Harrington (2009) The Unwanted Child: The Fate of Foundlings, Orphans and Juvenile Criminals in Early Modern Germany (Chicago and London: University of Chicago Press), pp. 51–3
and C.B. Backhouse (1984) ‘Desperate Women and Compassionate Courts: Infanticide in Nineteenth-Century Canada’, The University of Toronto Law Journal, 34, p. 47.
This is a point reinforced by O. Ulbricht (1988) ‘Infanticide in Eighteenth- Century Germany’, in R.J. Evans (ed.) The German Underworld: Deviants and Outcasts in German History (London: Routledge), p. 114
and R. Schulte (1984) ‘Infanticide in Rural Bavaria in the Nineteenth Century’, in H. Medick and D.W. Sabean (eds.) Interest and Emotion: Essays on the Study of Family and Kinship (Cambridge: Cambridge University Press), p. 89.
See K. Wrightson (1982) ‘Infanticide in European History’, Criminal Justice History, III, p. 14
as well as K. Wrightson (1975) ‘Infanticide in Earlier Seventeenth-Century England’, Local Population Studies, XV, p. 19
and A.-M. Kilday (2002) ‘Maternal Monsters: Murdering Mothers in South- West Scotland, 1750–1815’, in Y.G. Brown and R. Ferguson (eds.) Twisted Sisters: Women, Crime and Deviance in Scotland since 1400 (East Linton: Tuckwell), p. 193.
For further discussion see M. Kamler (1988) ‘Infanticide in the Towns of the Kingdom of Poland in the Second Half of the 16th and the First Half of the 17th Century’, Acta Poloniae Historica, 58, pp. 44, 46 and 49;
S. Wilson (1988) ‘Child Abandonment and Female Honour in Nineteenth- Century Corsica’, Comparative Studies in Society and History, 30, p. 762;
and J. Dalby (1995) ‘Women and Infanticide in Nineteenth- Century Rural France’, in V. Shepherd, B. Brereton and B. Bailey (eds.) Engendering History: Caribbean Women in Historical Perspective (London and Kingston, Jamaica: James Currey and Ian Randle), p. 338.
For further acknowledgement of this problem see G.K. Behlmer (1979) ‘Deadly Motherhood: Infanticide and Medical Opinion in Mid- Victorian England’, Journal of the History of Medicine and Allied Sciences, XXXIV, p. 415.
For further discussion see Kilday (2002) ‘Maternal Monsters’, p. 170;
P.C. Hoffer and N.E.C. Hull (1984) Murdering Mothers: Infanticide in England and New England 1558–1803 (New York: New York University Press), p. 145;
and Dalby (1995) ‘Women and Infanticide’, p. 346.
P.A. Gilje (1983) ‘Infant Abandonment in Early Nineteenth- Century New York City: Three Cases’, Signs, 8, p. 583.
See Wrightson (1982) ‘Infanticide in European History’, p. 6 and Wrightson (1975) ‘Infanticide in Earlier Seventeenth- Century England’, p. 11.
B. Mandeville (1723, 1772 edition) The Fable of the Bees: Or, Private Vices, Public Benefits–Volume I (Edinburgh: J. Wood) [Bodleian Library, ESTCT77574], pp. 45–6.
For further discussion see M. Jackson (1996) New- Born Child Murder: Women, Illegitimacy and the Courts in Eighteenth- Century England (Manchester: Manchester University Press), p. 113.
E. Darwin ‘Letter to Unknown Man, 7th February 1767’, in D. King- Hele (2007) (ed.) The Collected Letters of Erasmus Darwin (Cambridge: Cambridge University Press), p. 76.
For further discussion see Jackson (1996) New- Born Child Murder, p. 114.
Hunter (1783) ‘On the Uncertainty of the Signs of Murder’, p. 7.
For further discussion see Jackson (1996) New-Born Child Murder, p. 116.
For further discussion see T. Laquer (1989) ‘Bodies, Details and the Humanitarian Narrative’, in L. Hunt (ed.) The New Cultural History (Berkley: University of California Press), pp. 176–205
and Jackson (1996) New-Born Child Murder, Chapter 5.
Mandeville (1723, 1772 edition) The Fable of the Bees, p. 46
and Hunter (1783) ‘On the Uncertainty of the Signs of Murder’, p. 6.
For further discussion of the social stratification of the validity of shame with regard to infanticide trials see R.W. Malcolmson (1977) ‘Infanticide in the Eighteenth Century’, in J.S. Cockburn (ed.) Crime in England 1550–1800 (London: Methuen), p. 205;
Jackson (1996) New-Born Child Murder, p. 114;
and T. Rizzo (2004) ‘Between Dishonour and Death: Infanticide in the Causes Célèbres of Eighteenth- Century France’, Women’s History Review, p. 13.
For further discussion see Jackson (1996) New-Born Child Murder, p. 125.
C. Hodgson (1800) A Letter from a Magistrate in the Country, to his Medical Friend at Peterborough (Peterborough), p. 2
cited in Jackson (1996) New- Born Child Murder, p. 127.
For further discussion see Jackson (1996) New- Born Child Murder, p. 117;
Kilday (2002) ‘Maternal Monsters’, p. 167;
Ulbricht (1988) ‘Infanticide’, p. 127; and
P.M. Prior (2008) Madness and Murder: Gender, Crime and Mental Disorder in Nineteenth- Century Ireland (Dublin: Irish Academic), p. 139.
A. Rowlands (1997) ‘“In Great Secrecy”: The Crime of Infanticide in Rothenburg ob der Tauber, 1501–1618’, German History, 15, p. 191.
For further discussion see L. Abrams (2002) ‘From Demon to Victim: The Infanticidal Mother in Shetland, 1699–1802’, in Y.G. Brown and R. Ferguson (eds.) Twisted Sisters: Women, Crime and Deviance in Scotland since 1400 (East Linton: Tuckwell), p. 182
and U. Rublack (1999) The Crimes of Women in Early Modern Germany (Oxford: Clarendon), p. 184.
In certain regions and communities across pre- modern Europe, illegitimacy was not seen as problematic and rather it was regularly welcomed by society. For further discussion see Schulte (1984) ‘Infanticide in Rural Bavaria’, p. 84;
R. Sauer (1978) ‘Infanticide and Abortion in Nineteenth- Century Britain’, Population Studies: A Journal of Demography, XXXII, pp. 84–5;
P.M. Crawford (2010) Parents of Poor Children in England, 1580–1800 (Oxford: Oxford University Press), p. 40;
R. Mitchison and L. Leneman (1998) Girls in Trouble: Sexuality and Social Control in Rural Scotland 1660–1780 (Edinburgh: Scottish Cultural Press);
and L. Leneman and R. Mitchison (1998) Sin in the City: Sexuality and Social Control in Urban Scotland 1660–1780 (Edinburgh: Scottish Cultural Press).
For further discussion see Rowlands (1997) ‘“In Great Secrecy”’, p. 192;
Harrington (2009) The Unwanted Child, pp. 43–4;
Kilday (2002) ‘Maternal Monsters’, p. 172;
A.-M. Kilday (2008) ‘“Monsters of the Vilest Kind”: Infanticidal Women and Attitudes towards their Criminality in Eighteenth- Century Scotland’, Family and Community History, 11, pp. 103–4;
and Wrightson (1982) ‘Infanticide in European History’, p. 6.
For further discussion see Crawford (2010) Parents of Poor Children, p. 49;
Ulbricht (1988) ‘Infanticide’, p. 128;
R. Roth (2001) ‘Child Murder in New England’, Social Science History, XXV, p. 113;
and Dalby (1995) ‘Women and Infanticide’, p. 356.
For further discussion see Ulbricht (1988) ‘Infanticide’, p. 128
and Rublack (1999) The Crimes of Women, p. 184.
For further discussion see Rizzo (2004) ‘Between Dishonour and Death’, p. 13.
Anonymous (1861) ‘The Prevalence of Infanticide’, Magdalen’s Friend, 2, p. 34 [British Library, P.P. 1098b].
For further discussion see N. Lonza (2002) ‘“Two Souls Lost”: Infanticide in the Republic of Dubrovnik (1667–1808)’, Dubrovnik Annals, 6, p. 87;
Harrington (2009) The Unwanted Child, p. 42;
Ulbricht (1988) ‘Infanticide’, p. 130;
Wilson (1988) ‘Child Abandonment’, p. 774;
and Abrams (2002) ‘From Demon to Victim’, p. 186.
For further discussion see Lonza (2002) ‘“Two Souls Lost”’, pp. 79 and 84;
Malcolmson (1977) ‘Infanticide’, p. 193;
Kamler (1988) ‘Infanticide’, pp. 43–4;
and Harrington (2009) The Unwanted Child, p. 41.
For further discussion see Malcolmson (1977) ‘Infanticide’, pp. 193 and 203;
D. Cooper Graves (2006) ‘“…In a Frenzy While Raving Mad”: Physicians and Parliamentarians Define Infanticide in Victorian England’, in B.H. Bechtold and D. Cooper Graves (eds.) Killing Infants: Studies in the Worldwide Practice of Infanticide (Lewiston, NY: Edwin Mellen), p. 113;
Harrington (2009) The Unwanted Child, p. 44;
Crawford (2010) Parents of Poor Children, p. 43;
Wrightson (1982) ‘Infanticide in European History’, p. 7;
Rublack (1999) The Crimes of Women, p. 165;
M. Oberman (2002) ‘Understanding Infanticide in Context: Mothers Who Kill, 1870–1930 and Today’, The Journal of Criminal Law and Criminology, 92, pp. 722–3;
and Backhouse (1984) ‘Desperate Women’, p. 458.
For further discussion see Wilson (1988) ‘Child Abandonment’, p. 766. See also, for, the case against Jane Evan, heard at the Court of Great Sessions in Wales and mentioned below.
For further discussion see Malcolmson (1977) ‘Infanticide’, p. 187;
Backhouse (1984) ‘Desperate Women’, pp. 448 and 458;
Crawford (2010) Parents of Poor Children, p. 73;
and K.D. Watson (2008) ‘Religion, Community and the Infanticidal Mother: Evidence from 1840s Rural Wiltshire’, Family and Community History, 11, p. 117.
For further discussion see Crawford (2010) Parents of Poor Children, pp. 35 and 41–2;
Roth (2001) ‘Child Murder in New England’, p. 120;
Malcolmson (1977) ‘Infanticide’, p. 193;
Rublack (1999) The Crimes of Women, p. 164;
and Ulbricht (1988) ‘Infanticide’, p. 120.
For further discussion see M.L. Arnot (2000) ‘Understanding Women Committing Newborn Child Murder in Victorian England’, in S. D’Cruze (ed.) Everyday Violence in Britain, 1850–1950 (Harlow: Pearson), p. 59;
Dalby (1995) ‘Women and Infanticide’, p. 338;
Roth (2001) ‘Child Murder in New England’, p. 114;
Oberman (2002) ‘Understanding Infanticide in Context’, p. 724;
Cooper Graves (2006) ‘“…In a Frenzy”’, p. 132;
and A.R. Higginbotham (1989) ‘“Sin of the Age”: Infanticide and Illegitimacy in Victorian London’, Victorian Studies, 32, p. 326.
R. Bellamy (1995) (ed.) Cesare Beccaria–On Crimes and Punishments and Other Writings (Cambridge: Cambridge University Press), p. 81.
For further discussion see Hunter (1783) ‘On the Uncertainty of the Signs of Murder’, pp. 8–9;
Harrington (2009) The Unwanted Child, p. 70;
J.R. Dickinson and J.A. Sharpe (2002) ‘Infanticide in Early Modern England: The Court of Great Sessions at Chester, 1650–1800’, in M. Jackson (ed.) Infanticide: Historical Perspectives on Child Murder and Concealment 1550–2000 (Aldershot: Ashgate), p. 49;
Wrightson (1982) ‘Infanticide in European History’, p. 7;
Kilday (2002) ‘Maternal Monsters’, p. 171;
Rowlands (1997) ‘“In Great Secrecy”’, pp. 198–99;
Ulbricht (1988) ‘Infanticide’, p. 120;
and Oberman (2002) ‘Understanding Infanticide in Context’, p. 737.
For further discussion see Dalby (1995) ‘Women and Infanticide’, p. 359;
Rowlands (1997) ‘“In Great Secrecy”’, p. 197;
Ulbricht (1988) ‘Infanticide’, p. 132;
and Backhouse (1984) ‘Desperate Women’, p. 448.
Harrington (2009) The Unwanted Child, p. 44.
Kamler (1988) ‘Infanticide’, pp. 43 and 49.
See also Wilson (1988) ‘Child Abandonment’, p. 767, who agrees that poverty was rarely used as an excuse in infanticide trials.
Ulbricht (1988) ‘Infanticide’, pp. 129–30.
See, for instance, Ulbricht (1988) ‘Infanticide’, pp. 113–14;
Schulte (1984) ‘Infanticide in Rural Bavaria’, p. 90;
Rublack (1999) The Crimes of Women, p. 188;
Cooper Graves (2006) ‘“…In a Frenzy”’, p. 114;
Roth (2001) ‘Child Murder in New England’, p. 114;
M.N. Wessling (1994) ‘Infanticide Trials and Forensic Medicine: Württembergs 1757–93’, in M. Clark and C. Crawford (eds.) Legal Medicine in History (Cambridge: Cambridge University Press), p. 124;
and Kilday (2008) ‘“Monsters of the Vilest Kind”’, p. 101.
See, for instance, Crawford (2010) Parents of Poor Children, p. 35
as well as Arnot (2000) ‘Understanding Women Committing Newborn Child Murder’, pp. 57–8;
R. Smith (1983) ‘Defining Murder and Madness: An Introduction to Medicolegal Belief in the case of Mary Ann Brough, 1854’, Knowledge and Society: Studies in the Sociology of Culture Past and Present, 4, p. 182;
Prior (2008) Madness and Murder, pp. 119 and 139;
Higginbotham (1989) ‘“Sin of the Age”’, p. 321;
and Sauer (1978) ‘Infanticide and Abortion’, p. 85.
For further discussion see Crawford (2010) Parents of Poor Children, p. 39;
Schulte (1984) ‘Infanticide in Rural Bavaria’, p. 85;
Ulbricht (1988) ‘Infanticide’, pp. 116–17;
Higginbotham (1989) ‘“Sin of the Age”’, p. 327;
K. O’Donovan (1984) ‘The Medicalisation of Infanticide’, Criminal Law Review, 259, p. 260;
and Dalby (1995) ‘Women and Infanticide’, p. 353.
M. Daly and M. Wilson (1988) Homicide (New York: Aldine de Gruyter), p. 69.
For more on poverty being a key motivation for infanticide in the pre- modern period see Rowlands (1997) ‘“In Great Secrecy”’, p. 192
and Harrington (2009) The Unwanted Child, p. 44.
Oberman (2002) ‘Understanding Infanticide in Context’, p. 723.
Ibid. See also Kilday (2002) ‘Maternal Monsters’, p. 172;
Higginbotham (1989) ‘“Sin of the Age”’, p. 321;
and Daly and Wilson (1988) Homicide, p. 66.
For more detailed discussion see Crawford (2010) Parents of Poor Children, pp. 57–8.
For further discussion of the precarious nature of women’s employment in the pre- modern period, with particular reference to single women, see especially Crawford (2010) Parents of Poor Children, pp. 58–9;
Harrington (2009) The Unwanted Child, pp. 45–6;
Hoffer and Hull (1984) Murdering Mothers, p. 115;
Backhouse (1984) ‘Desperate Women’, p. 448;
and Watson (2008) ‘Religion, Community and the Infanticidal Mother’, p. 125.
See, for instance, A.-M. Kilday (2007) Women and Violent Crime in Enlightenment Scotland (Woodbridge: Boydell)
and especially R.A. Cage (1981) The Scottish Poor Law, 1745–1845 (Edinburgh: Scottish Academic Press), especially the maps on pp. 35–6 and 38–9.
Crawford (2010) Parents of Poor Children, p. 37.
For further discussion see L. Hollen Lees (1998) The Solidarities of Strangers: The English Poor Laws and the People, 1700–1948 (Cambridge: Cambridge University Press)
and various chapters in P. King, P. Sharpe and T. Hitchcock (eds.) Chronicling Poverty: The Voices and Strategies of the English Poor, 1640–1840 (Basingstoke: Palgrave Macmillan).
Crawford (2010) Parents of Poor Children, pp. 37–8.
For some evidence that fathers rarely paid maintenance of this kind see Schulte (1984) ‘Infanticide in Rural Bavaria’, p. 89
and Harrington (2009) The Unwanted Child, p. 45.
For further discussion see Arnot (2000) ‘Understanding Women Committing Newborn Child Murder’, p. 57;
C.L. Krueger (1997) ‘Literary Defences and Medical Prosecutions: Representing Infanticide in Nineteenth- Century Britain’, Victorian Studies, XL, p. 274;
A. Hunt (2006) ‘Calculations and Concealments: Infanticide in Mid- Nineteenth- Century Britain’, Victorian Literature and Culture, 34, p. 72;
Higginbotham (1989) ‘“Sin of the Age”’, p. 320;
and Cooper Graves (2006) ‘“…In a Frenzy”’, p. 114.
Anonymous (1871) Infant Mortality: Its Causes and Remedies (Manchester: Ireland and Co), pp. 14–15 [Accessed from the University of Illinois Urbana- Champaign Library at http://archive.org/details/infantmortalityi00manc from the Talbot Collection of British Pamphlets, Ref. 5526548].
For further discussion see Malcolmson (1977) ‘Infanticide’, p. 187;
Oberman (2002) ‘Understanding Infanticide in Context’, p. 725;
O’Donovan (1984) ‘The Medicalisation of Infanticide’, p. 260;
Behlmer (1979) ‘Deadly Motherhood’, p. 415;
and Roth (2001) ‘Child Murder in New England’, p. 120.
See L. Rose (1986) The Massacre of the Innocents: Infanticide in Britain 1800–1939 (London: Routledge and Kegan Paul), Chapters 15 and 16 and also Cooper Graves (2006) ‘“…In a Frenzy”’, p. 114
and Kilday (2007) Women and Violent Crime, p. 76.
Rose (1986) The Massacre of the Innocents, pp. 136–7.
For further evidence of this across Europe and North America in the pre- modern period see Rublack (1999) The Crimes of Women, p. 163;
Watson (2008) ‘Religion, Community and the Infanticidal Mother’, p. 129;
Hoffer and Hull (1984) Murdering Mothers, p. 115;
Hunt (2006) ‘Calculations and Concealments’, p. 71;
and Behlmer (1979) ‘Deadly Motherhood’, p. 416.
For further discussion of altruism as a motive for new- born child murder see Watson (2008) ‘Religion, Community and the Infanticidal Mother’, p. 128;
Oberman (2002) ‘Understanding Infanticide in Context’, p. 734;
Arnot (2000) ‘Understanding Women Committing Newborn Child Murder’, p. 54;
Gilje (1983) ‘Infant Abandonment’, p. 583;
and P.J. Resnick (1969) ‘Child Murder by Parents: A Psychiatric Review of Filicide’, American Journal of Psychiatry, 126, p. 329.
Hunter (1783) ‘On the Uncertainty of the Signs of Murder’, p. 7.
See, for instance, V. McMahon (2004) Murder in Shakespeare’s England (London and New York: Hambledon and London);
G. Walker (2003) Crime, Gender and Social Order in Early Modern England (Cambridge: Cambridge University Press);
J. Kermode and G. Walker (1994) (eds.) Women, Crime and the Courts in Early Modern England (London: Routledge);
J. Hurl-Eamon (2005) Gender and Petty Violence in London, 1680–1720 (Columbus: Ohio State University Press);
L. Zedner (1992) Women, Crime and Custody in Victorian England (Oxford: Oxford University Press);
Kilday (2007) Women and Violent Crime
and A.-M. Kilday (2005) ‘Women and Crime’, in H. Barker and E. Chalus (eds.) Women’s History: Britain 1750–1800–An Introduction (Abingdon: Routledge), pp. 174–93.
See also Rowlands (1997) ‘“In Great Secrecy”’, pp. 179 and 196 for further evidence of this.
See, for, instance Abrams (2002) ‘From Demon to Victim’, p. 196;
Dalby (1995) ‘Women and Infanticide’, p. 359;
Wilson (1988) ‘Child Abandonment’, p. 774;
Resnick (1969) ‘Child Murder by Parents’, p. 330;
Rublack (1999) The Crimes of Women, p. 195;
and Wrightson (1982) ‘Infanticide in European History’, p. 7.
For further discussion see R. Leboutte (1991) ‘Offense against Family Order: Infanticide in Belgium from the Fifteenth Through the Early Twentieth Centuries’, Journal of the History of Sexuality, 2, p. 183;
Hoffer and Hull (1984) Murdering Mothers, p. 154;
Behlmer (1979) ‘Deadly Motherhood’, p. 415;
and Roth (2001) ‘Child Murder in New England’, p. 124.
For further discussion see Kilday (2002) ‘Maternal Monsters’, pp. 172–3;
Schulte (1984) ‘Infanticide in Rural Bavaria’, p. 91;
Rowlands (1997) ‘“In Great Secrecy”’, p. 197;
and Resnick (1969) ‘Child Murder by Parents’, p. 330.
See, for instance, M. Jackson (1995) ‘Developing Medical Expertise: Medical Practitioners and the Suspected Murders of New- Born Children’, in R. Porter (ed.) Medicine in the Enlightenment (Amsterdam: Rodopi), p. 157
and R. Smith (1981) Trial by Medicine: Insanity and Responsibility in Victorian Trials (Edinburgh: Edinburgh University Press), p. 144.
For further discussion see Jackson (1995) ‘Developing Medical Expertise’, p. 155
and D. Rabin (2002) ‘Bodies of Evidence, States of Mind: Infanticide, Emotion and Sensibility in Eighteenth- Century England’, in M. Jackson (ed.) Infanticide: Historical Perspectives on Child Murder and Concealment, 1550–2000 (Aldershot: Ashgate), p. 74.
Jackson (1996) New- Born Child Murder, p. 119.
For further discussion see, for instance, Jackson (1995) ‘Developing Medical Expertise’, pp. 155–6;
Daly and Wilson (1988) Homicide, p. 67;
Jackson (1996) New- Born Child Murder, p. 128;
and Krueger (1997) ‘Literary Defences and Medical Prosecutions’, p. 217.
For further discussion see H. Marland (2004) Dangerous Motherhood: Insanity and Childbirth in Victorian Britain (Basingstoke: Palgrave Macmillan), pp. 182–3;
H. Marland (2002) ‘Getting Away With Murder? Puerperal Insanity, Infanticide and the Defence Plea’, in M. Jackson (ed.) Infanticide: Historical Perspectives on Child Murder and Concealment, 1550–2000 (Aldershot: Ashgate), pp. 182–3;
Crawford (2010) Parents of Poor Children, p. 41;
Dalby (1995) ‘Women and Infanticide’, p. 358;
Prior (2008) Madness and Murder, p. 124;
and Ulbricht (1988) ‘Infanticide’, p. 112.
Rabin (2002) ‘Bodies of Evidence’, pp. 86–7.
See also D.Y. Rabin (2004) Identity, Crime, and Legal Responsibility in Eighteenth- Century England (Basingstoke: Palgrave Macmillan).
J.P. Eigen (2003) Unconscious Crime: Mental Absence and Criminal Responsibility in Victorian London (Baltimore and London: The John Hopkins University Press), p. 71.
Hunter (1783) ‘On the Uncertainty of the Signs of Murder’, pp. 7–8.
For further discussion of the association between childbirth and mental incapacity see Marland (2004) Dangerous Motherhood, pp. 9–27;
Marland (2002) ‘Getting Away With Murder?’, p. 173;
Jackson (1995) ‘Developing Medical Expertise’, p. 157;
Prior (2008) Madness and Murder, p. 126;
R. Smith (1981) Trial by Medicine: Insanity and Responsibility in Victorian Trials (Edinburgh: Edinburgh University Press), p. 150;
L. Gowing (1997) ‘Secret Births and Infanticide in Seventeenth- Century England’, Past and Present, p. 88;
Jackson (1996) New- Born Child Murder, pp. 120 and 123;
and J.P. Eigen (1995) Witnessing Insanity: Madness and Mad- Doctors in the English Court (New Haven and London: Yale University Press), p. 148.
NRS, Justiciary Court North Circuit Records, JC11/62. See also Crawford (2010) Parents of Poor Children, p. 70.
For further discussion see Rabin (2002) ‘Bodies of Evidence’, p. 74;
Wrightson (1982) ‘Infanticide in European History’, p. 11;
and A. Loughnan (2012) ‘The “Strange” Case of the Infanticide Doctrine’, Oxford Journal of Legal Studies, 32, pp. 1–27.
A. Alison (1832) Principles of the Criminal Law of Scotland (Edinburgh: Blackwood), p. 159 [Bodleian Library, Cw UK Scotl 510 A413].
For further discussion see Smith (1981) Trial by Medicine, p. 148;
Eigen (2003) Unconscious Crime, p. 71;
Prior (2008) Madness and Murder, p. 119;
and Anonymous (1871) Infant Mortality, p. 38.
For further discussion see Eigen (2003) Unconscious Crime, p. 79;
C. Quinn (2002) ‘Images and Impulses: Representations of Puerperal Insanity and Infanticide in Late Victorian England’, in M. Jackson (ed.) Infanticide: Historical Perspectives on Child Murder and Concealment, 1550–2000 (Aldershot: Ashgate), pp. 193–4;
K.D. Watson (2011) Forensic Medicine in Western Society—A History (Abingdon: Routledge), p. 108; and Marland (2002) ‘Getting Away With Murder?’, p. 171.
L. Zedner (1991) Women, Crime and Custody in Victorian England (Oxford: Oxford University Press), p. 90.
H. Marland (1999) ‘At Home with Puerperal Mania: The Domestic Treatment of the Insanity of Childbirth in the Nineteenth Century’, in P. Bartlett and D. Wright (eds.) Outside the Walls of the Asylum: The History of Care in the Community 1750–2000 (London and New Brunswick, NJ: Athlone), p. 45.
See, for instance, Gowing (1997) ‘Secret Births’, pp. 107–8;
Leboutte (1991) ‘Offense against Family Order’, p. 173;
Schulte (1984) ‘Infanticide in Rural Bavaria’, p. 89;
Wilczynski (1991) ‘Images of Women Who Kill their Infants’, p. 80;
N. Theriot (1990) ‘Nineteenth- Century Physicians and “Puerperal Insanity”’, American Studies, 26, p. 81;
and Abrams (2002) ‘From Demon to Victim’, pp. 186, 194 and 198–9.
For further discussion of the history of puerperal insanity see C.L. Meyer and M.G. Spinelli (2003) ‘Medical and Legal Dilemmas of Postpartum Psychiatric Disorders’, in M.G. Spinelli (ed.) Infanticide: Psychological and Legal Perspectives on Mothers Who Kill (Washington, DC and London: American Psychiatric Publishing), p. 168;
Marland (2004) Dangerous Motherhood, passim;
various articles in J.A. Hamilton and P.N. Harberger (1992) (eds.) Postpartum Psychiatric Illness: A Picture Puzzle (Philadelphia: University of Pennsylvania Press);
Eigen (1995) Witnessing Insanity, p. 142;
Eigen (2003) Unconscious Crime, p. 72;
and T.M. Twomey and S. Bennett (2009) Understanding Postpartum Psychosis: A Temporary Madness (London and Westport, CT: Praeger), p. 24.
See Twomey and Bennett (2009) Understanding Postpartum Psychosis, p. 32. For the purposes of this volume, I will use the term puerperal insanity to describe this condition and all its variants. Lactational insanity has never been associated with instances of infanticide as it was considered to be an illness linked to over- exhaustion and malnutrition rather than direct action.
See Marland (2004) Dangerous Motherhood, p. 150;
Twomey and Bennett (2009) Understanding Postpartum Psychosis, p. 32;
and Quinn (2002) ‘Images and Impulses’, p. 198.
See K. Johnson Kramar and W.D. Watson (2006) ‘The Insanities of Reproduction: Medico- Legal Knowledge and the Development of Infanticide Law’, Social and Legal Studies, 15, p. 242
and M.G. Spinelli (2004) ‘Maternal Infanticide Associated with Mental Illness: Prevention and the Promise of Saved Lives’, American Journal of Psychiatry, 161, p. 1550.
See, for instance, Marland (2004) Dangerous Motherhood, p. 6.
For further discussion see Quinn (2002) ‘Images and Impulses’, pp. 196–7;
Watson (2011) Forensic Medicine, p. 108;
and Marland (2002) ‘Getting Away With Murder?’, p. 176.
For further discussion see Marland (2002) ‘Getting Away With Murder?’, pp. 172 and 179;
Twomey and Bennett (2009) Understanding Postpartum Psychosis, pp. 36 and 38;
Quinn (2002) ‘Images and Impulses’, p. 195;
Marland (1999) ‘At Home with Puerperal Mania’, p. 50;
Theriot (1990) ‘Nineteenth- Century Physicians’, p. 73;
and I. Lambie (2001) ‘Mothers Who Kill: The Crime of Infanticide’, International Journal of Law and Psychiatry, 24, p. 75.
Marland (1999) ‘At Home with Puerperal Mania’, p. 48.
See also Marland (2004) Dangerous Motherhood, p. 38;
Theriot (1990) ‘Nineteenth- Century Physicians’, p. 73;
and N. Walker (1968) Crime and Insanity in England—Volume One: The Historical Perspective (Edinburgh: Edinburgh University Press), p. 125.
See, for instance, Marland (2004) Dangerous Motherhood, pp. 3 and 28–64
and Quinn (2002) ‘Images and Impulses’, p. 197.
With regard to the sudden but serious nature of puerperal insanity see, for instance, Marland (2004) Dangerous Motherhood, p. 2;
Walker (1968) Crime and Insanity in England—Volume One, p. 127;
Rabin (2002) ‘Bodies of Evidence’, p. 77;
Eigen (1995) Witnessing Insanity, p. 38;
Prior (2008) Madness and Murder, p. 122;
and Eigen (2003) Unconscious Crime, p. 75.
For further discussion of the treatment of this condition see Marland (2004) Dangerous Motherhood, pp. 44 and 50–63;
Marland (1999) ‘At Home with Puerperal Mania’, pp. 45–65;
Twomey and Bennett (2009) Understanding Postpartum Psychosis, p. 26;
Theriot (1990) ‘Nineteenth- Century Physicians’, p. 74;
Quinn (2002) ‘Images and Impulses’, p. 200;
and J. Andrews (2002) ‘The Boundaries of Her Majesty’s Pleasure: Discharging Child- Murderers from Broadmoor and Perth Lunatic Department, c.1860–1920’, in M. Jackson (ed.) Infanticide: Historical Perspectives on Child Murder and Concealment, 1550–2000 (Aldershot: Ashgate), pp. 216–48.
See, for instance, Marland (2004) Dangerous Motherhood, pp. 35–7;
Marland (1999) ‘At Home with Puerperal Mania’, pp. 51–2;
Theriot (1990) ‘Nineteenth-Century Physicians’, p. 70;
Smith (1981) Trial by Medicine, p. 151;
and A.-U. Rehman, D. St. Clair and C. Platz (1990) ‘Puerperal Insanity in the 19th and 20th Centuries’, British Journal of Psychiatry, 156, pp. 861–5.
See, for instance, Marland (2004) Dangerous Motherhood, pp. 5 and 175;
Marland (2002) ‘Getting Away With Murder?’, p. 191;
and Rabin (2002) ‘Bodies of Evidence’, p. 79.
For further discussion see Hoffer and Hull (1984) Murdering Mothers, p. 146;
Watson (2008) ‘Religion, Community and the Infanticidal Mother’, p. 117;
Eigen (2003) Unconscious Crime, p. 83;
and O’Donovan (1984) ‘The Medicalisation of Infanticide’, p. 264.
See, for instance, W. Burke Ryan (1862) Infanticide: Its Law, Prevalence, Prevention, and History (London) [Bodleian Library, (OC) 151 c/345]
and for further discussion see Johnson Kramar and Watson (2006) ‘The Insanities of Reproduction’, pp. 241–2.
See Wrightson (1982) ‘Infanticide in European History’, p. 16;
Eigen (2003) Unconscious Crime, p. 71;
and Marland (2002) ‘Getting Away With Murder?’, p. 168.
The M’Naghten Rules (pronounced, and sometimes spelled, McNaughton) were a reaction to the acquittal of Daniel M’Naghten. They arise from the attempted assassination of the British Prime Minister, Robert Peel, in 1843, by Scottish woodcutter Daniel M’Naghten. In actuality, M’Naghten fired a pistol at the back of Peel’s secretary, Edward Drummond, who died five days later. The House of Lords asked a panel of judges a series of hypothetical questions about the defence of insanity. The principles pronounced by this panel have come to be known as the M’Naghten Rules, even though they have only gained status through usage in the common law and M’Naghten himself would have been found guilty if they had been applied to his own trial. The rules formulated from M’Naghten’s Case (1843 10 C and F 200) have been a standard test for criminal liability in relation to mentally disordered defendants in various common law jurisdictions ever since, albeit with some minor adjustments. After deliberation, the House Of Lords declared that: ‘the jurors ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong’. When the tests set out by the rules are satisfied, the accused may be adjudged ‘not guilty by reason of insanity’ or ‘guilty but insane’ and the sentence may be a mandatory or discretionary (but usually indeterminate) period of treatment in a secure facility, or otherwise at the discretion of the court (depending on the country and the offence charged), instead of a more punitive disposal. For further discussion see House of Lords Decisions, 10 C and F. 200 and 8 Eng. Rep. 718 (1843) and also Twomey and Bennett (2009) Understanding Postpartum Psychosis, pp. 54–7;
Eigen (2003) Unconscious Crime, p. 78;
J. Macfarlane (2003) ‘Criminal Defense in Cases of Infanticide and Neonaticide’, in M.G. Spinelli (ed.) Infanticide: Psychological and Legal Perspectives on Mothers Who Kill (Washington, DC and London: American Psychiatric), p. 145;
and Rabin (2002) ‘Bodies of Evidence’, p. 76.
Eigen (1995) Witnessing Insanity, p. 144.
See also Marland (2002) ‘Getting Away With Murder?’, p. 178
and T. Ward (1999) ‘The Sad Subject of Infanticide: Law, Medicine and Child Murder’, Social and Legal Studies, VIII, p. 167.
For further discussion see Cooper Graves (2006) ‘“…In a Frenzy”’, p. 131;
Quinn (2002) ‘Images and Impulses’, pp. 196 and 200;
Eigen (1995) Witnessing Insanity, p. 148;
S. Day (1985) ‘Puerperal Insanity: The Historical Sociology of a Disease’ (Unpublished D.Phil. thesis, University of Cambridge), passim;
Marland (2002) ‘Getting Away With Murder?’, p. 182;
and Eigen (2003) Unconscious Crime, p. 72.
For further discussion see Watson (2011) Forensic Medicine, pp. 108–9;
Marland (2004) Dangerous Motherhood, pp. 172–3;
and Marland (2002) ‘Getting Away With Murder?’, p. 172.
This argument, and the evidence from the case studies presented below, is somewhat at odds with that contended by Tony Ward, who claims that puerperal insanity only applied to married women and older children—see Ward (1999) ‘The Sad Subject of Infanticide’, p. 167.
For further discussion see Smith (1981) Trial by Medicine, p. 150.
For further discussion see Marland (1999) ‘At Home with Puerperal Mania’, p. 48
and Quinn (2002) ‘Images and Impulses’, p. 200.
For further discussion see Wessling, ‘Infanticide Trials’, pp. 137–8; Rizzo, ‘Between Dishonour and Death’, pp. 6 and 11; A. Wilczynski (1991) ‘Images of Women Who Kill their Infants: The Mad and the Bad’, Women and Criminal Justice, 2, pp. 72 and 77;
Marland (2004) Dangerous Motherhood, p. 171;
Quinn (2002) ‘Images and Impulses’, p. 200;
Smith (1981) Trial by Medicine, p. 160;
Prior (2008) Madness and Murder, p. 131;
and Theriot (1990) ‘Nineteenth-Century Physicians’, pp. 74 and 81.
See Theriot (1990) ‘Nineteenth- Century Physicians’, p. 71.
For further discussion see Smith (1981) Trial by Medicine, pp. 144 and 150;
Lambie (2001) ‘Mothers Who Kill’, p. 72;
and Cooper Graves (2006) ‘“…In a Frenzy”’, p. 135.
Marland (2002) ‘Getting Away With Murder?’, p. 177.
See also Twomey and Bennett (2009) Understanding Postpartum Psychosis, p. 26
and C.L. Meyer and M.G. Spinelli (2003) ‘Medical and Legal Dilemmas of Postpartum Psychiatric Disorders’, in M.G. Spinelli (ed.) Infanticide: Psychological and Legal Perspectives on Mothers Who Kill (Washington, DC and London: American Psychiatric Publishing), p. 169.
For further discussion see Quinn (2002) ‘Images and Impulses’, p. 197;
Marland (2004) Dangerous Motherhood, pp. 201–9;
Wilczynski (1991) ‘Images of Women Who Kill their Infants’, p. 75;
Lambie (2001) ‘Mothers Who Kill’, p. 72;
and Watson (2011) Forensic Medicine, p. 110.
For further discussion see Ward (1999) ‘The Sad Subject of Infanticide’, p. 169;
Marland (2002) ‘Getting Away With Murder?’, p. 170;
and Watson (2011) Forensic Medicine, p. 111.
See, for instance, Marland (2004) Dangerous Motherhood, pp. 142–50;
Watson (2008) ‘Religion, Community and the Infanticidal Mother’, p. 129;
and Marland (2002) ‘Getting Away With Murder?’, p. 183.
See Daly and Wilson (1988) Homicide, p. 68;
Smith (1981) Trial by Medicine, p. 148;
and Theriot (1990) ‘Nineteenth- Century Physicians’, p. 77.
For a fuller description of motive categorisation in relation to infanticide see Hoffer and Hull (1984) Murdering Mothers, p. 145.
Hoffer and Hull (1984) Murdering Mothers, pp. 157–8.
See also Kilday (2007) Women and Violent Crime, pp. 73–9.
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© 2013 Anne-Marie Kilday
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Kilday, AM. (2013). Explaining Infanticide: Motives for Murder. In: A History of Infanticide in Britain c. 1600 to the Present. Palgrave Macmillan, London. https://doi.org/10.1057/9781137349125_6
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