Proposed bill would recognize postpartum psychosis as defense for moms who kill

[Kalehue]

Under a bill introduced in the Texas Legislature, postpartum mental disorder would be recognized as a legal defense for women, such as Andrea Yates and Dena Schlosser, who kill their children.

If lawmakers approve the measure, Texas would be the first state to have an infanticide law, said George Parnham, the Houston attorney who defended Yates.

"It's something every civilized country has on its books," said Parnham, a strong proponent of the legislation. "The only thing that will change public attitude is education about postpartum issues."

The bill, introduced earlier this month by Rep. Jessica Farrar, D-Houston, applies to women who commit the crime within 12 months of giving birth. If jurors find a defendant guilty of murder, they can take testimony about postpartum issues into consideration during the trial's punishment phase.

If jurors believe that the woman's judgment was impaired as a result of childbirth or lactation, they can find her guilty of infanticide – a state jail felony that would carry a maximum punishment of two years in jail.

McKinney attorney David Haynes, who defended Schlosser, said Farrar's bill "recognizes the great stress that some mothers are under when they suffer from postpartum depression."

Haynes said any bill to reduce the penalty for such a crime will be highly controversial and have only a slim chance of becoming law – at least during this legislative session.

Shannon Edmonds, legislative liaison for the Texas District & County Attorneys Association, said the proposal would have to be thoroughly reviewed.

"Anytime something novel like this is proposed," he said, "it needs to be fully vetted so that legislators can make informed decisions and be sure there are no unintended consequences."

Postpartum depression is recognized as a legal defense in at least 29 nations, including Britain, which has had an infanticide law on the books since 1922.

"These countries have accepted the reality of postpartum mood disorders," said Susan Dowd Stone, chair of the President's Advisory Council for Postpartum Support International, a California-based advocacy group.

Experts estimate that 80 percent of new mothers have the "baby blues" for a week or two after giving birth, and 10 percent to 20 percent suffer depression that requires treatment.

Only one or two in 1,000 women develop postpartum psychosis that has been cited in high-profile cases like those of Schlosser, the Plano mother who killed her baby in 2004 by cutting off her arms, and Yates, the Houston mother who drowned her five children in 2001. Both women were found not guilty by reason of insanity and placed in mental-health treatment centers.

For every woman who receives treatment, there are 10 who are imprisoned for the crime, Stone said.

"These are not intentional acts," she said. "That's so hard for the public to grasp."

Postpartum psychosis is a rare condition that generally affects women with extreme sensitivity to hormonal fluctuations and a history of mental illness, Stone said.

"We do not want women who abuse children to use this defense," Stone said. "There are very clear guidelines for postpartum psychosis."

Even if the infanticide bill becomes law, however, the insanity defense would still be an option for women charged with such crimes.

"The insanity defense can be an extremely strict law as it is in Texas and other states," said Margaret Spinelli, associate professor of psychiatry at Columbia University and an expert on postpartum mental illness and infanticide. "People have to fit very specific criteria to meet it."

http://www.dallasnews.com/sharedcont...e.4a95c40.html

[Marv]

Postpartum psychosis is a rare condition that generally affects women with extreme sensitivity to hormonal fluctuations and a history of mental illness, Stone said.

A rare condition. Whats the bet it becomes a hell of a lot more common if this law were to be passed?

[MichaelJCheaney]

A rare condition. Whats the bet it becomes a hell of a lot more common if this law were to be passed?

Why you cannot POSSIBLY be suggesting that some Mothers might try to use this as a defense for killing their babies are you?

Why thats just silly talk!

[Silvahalo]

Postpartum psychosis is a mean bitch, and I feel for the mothers who truly experience this kind of thing. I personally had an extreme case of post-partrum depression brought on by trauma right after child birth. Mind you, this was post-partum depression NOT psychosis. It was the darkest thing I ever went through and never want to visit that place again.

I can't imagine going so out of your fucking mind that you could systematically kill your children....hearing their cryies as you killed them, you would have to bat-shit-crazy to do something like that.

Yes, I do think this defense will be illused in cases that have nothing really to do with post partum psychosis. That in itself will make it harder for woman who really need this defense and should have a right for use in their defense.


Uuugh.....this topic...dead children, by cause of psychosis....eitherway...dead babies.....horrific.

[jo_momma_82]

A rare condition. Whats the bet it becomes a hell of a lot more common if this law were to be passed?

That is exactly what I'm thinking !

I went through pretty bad PPD after my 1st and 3rd children were born and I feel deep sympathy for anyone going through PPD but, postpartum psychosis is something that I don't fully understand and the only case that I have really heard concerning it was, Yates' case. I'm sorry guys but, I feel zero sympathy for that bitch !

I did watch a show concerning Postpartum Psychosis once and the stories were sad but, these women did not murder their children.

Altogether, I don't have enough information on Postpartum Psychosis to form an opinion on whether or not the law should be passed but, I agree w/ Ohmarvelous' post... if the law is passed, it will be exploited to the max and we will be hearing about a Postpartum Psychosis epidemic in Tx. !

[El Supremo]

I can't imagine this bill would pass, especially not in Texas.

Here's my take on it:
Wouldn't postpartem psychosis fall under the general umbrella of psychosis? Meaning that if it were properly diagnosed and properly presented to a jury, the defendant could plead insanity just as she would in any other case involving a psychotic episode or condition. Are we going to start categorizing laws based on specific types of insanity now?

I feel like no good can come of this. The insanity plea is already abused by defense lawyers in this country. A bill like this would only be a legalized way for evoking sympathy for defendants, many of whom probably do not truly deserve it, and it would most certainly provide a convenient "excuse" for Texas mothers to murder their own children and have this law conveniently in place as a possible escape hatch.

Seems to me, telling mothers that "It's ok to kill your children if you're crazy" is not a good idea. I know I've oversimplified things there, but I think that's basically the gist of it.

[malq]

I doubt if the language reads that it will be ok to kill your kids, rather it might be a segway to allowing an arguement that "hey this was a factor"

As a guy this is hard for me to say with any experience, but postpartum depression is a real thing and I think the psychosis thing is part of a larger issue that can be lumped under a group as a result not a cause.

I don't know what to think about a reduction to two years for infanticide if you can prove some postpartum shit. I think it will be ill used like Silva said.
quote;
"Yes, I do think this defense will be illused in cases that have nothing really to do with post partum psychosis. That in itself will make it harder for woman who really need this defense and should have a right for use in their defense."