Infanticide

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INFANTICIDE, med. juris. The murder of a new born infant, Dalloz, Dict. Homicide, Sec. 4; Code Penal, 300. There is a difference between this offence and those known by the name of prolicide, (q.v.) and foeticide. (q.v.)
     2. To commit infanticide the child must be wholly born; it is not. Sufficient that it was born so far as the head and breathed, if it died before it was wholly born. 5 Carr. & Payn. 329; 24 Eng. C. L. Rep. 344; S. C. 6 Carr: & Payn. 349; S. C. 25 Eng. C. L. Rep. 433.
     3. When this crime is to be proved from circumstances, it is proper to consider whether the child had attained that size and maturity by which it would have been enabled to maintain an independent existence; whether it was born alive; and, if born alive, by what means it came to its death. 1 Beck's Med. Jur. 331 to 428, where these several questions are learnedly considered. See also 1 Briand, Med Leg. prem. part. c. 8 Cooper's Med. Jur. h.t. Vide Ryan's Med. Jur. 137; Med. Jur. 145, 194; Dr. Cummin's Proof of Infanticide considered Lecieux, Considerations Medico-legales sur l'Infanticide; Duvergie, Medicine Legale, art. Infanticide.

References in periodicals archive ?
Yet infanticide continues: one study estimates that
and in the past generally committed infanticide due to fears of social
studies of American infanticide, in turn a crucial aspect in modern
extent in places like England and Canada, where Infanticide Acts
as a legal defense in cases of maternal infanticide and filicide has
Others support the enactment of an American Infanticide Act, which would
188) Most infanticides by parents do not present these pressures or opportunities because they fail to attract sustained public attention.
The Smith case is even more instructive than the Yates case in highlighting the difficulty a prosecutor can face in prosecuting infanticides.
Department of Justice annual statistics may be taken as establishing the lower bound; BJS reports between 550 and slightly less than 800 infanticides homicides of children under five per annum over the ten year period from 1991 to 2000.
29) Returning to an insanity defense test based on the American Law Institute (ALI) test developed in 196230 would create a more flexible means for assessing the culpability of postpartum psychotic infanticide offenders.
Part II of this comment provides the historical background of infanticide and traces the development of postpartum depression research.
It lists the penalties for infanticide and abandonment or enslavement of children and urges priests to announce publicly that mothers who have illegitimate children should not kill them but leave them at the church door and thus avoid murder and parricide (222-3).