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that among paleolithic hunters 23 50 of newborn children were killed he argued that the goal was to preserve the 0 001 population growth of that time 176 15 he also wrote that female infanticide may be a form of population control 176 5 population control is achieved not only by limiting the number of potential mothers increased fighting among men for access to relatively scarce wives would also lead to a decline in population for example on the melanesian island of tikopia infanticide was used to keep a stable population in line with its resource base 15 in 1888 lieut f elton reported that ugi beach people in the solomon islands killed their infants at birth by burying them and women were also said to practice abortion they reported that it was too much trouble to raise a child and instead preferred to buy one from the bush people 177 research by marvin harris and william divale supports this argument it has been cited as an example of environmental determinism 178 however it is argued that it has also occurred equally among rich and poor and during decadent periods of the roman empire as during earlier less affluent periods 20 28 34 187 92 in societies that are patrilineal and patrilocal the family may choose to allow more sons to live and practice female infanticide as sons will support their birth family until they die whereas daughters will leave economically and geographically to join their husband s family possibly only after the payment of a burdensome dowry price 20 362 68 under natural conditions mortality rates for girls under five are slightly lower than boys for biological reasons however after birth neglect and diverting resources to male children such as biased feeding practices inadequate clothing during winter and lower quality health care 179 can lead to some countries having a skewed ratio with more boys than girls with such practices killing an approximate 230 000 girls under five in india each year 180 while sex selective abortion is more common among the higher income population who can access medical technology abuse after birth such as infanticide and abandonment is more common among the lower income population 181 before the appearance of effective contraception infanticide was a common occurrence in ancient brothels and prostitutes in certain areas preferred to kill their male offspring 182 cross cultural research has found that infanticide is more likely to occur when the child has deformities or illnesses 183 and anthropologists have argued that they are often viewed as bad omens as raising such a child in poverty stricken communities are an insurmountable hurdle 184 for example in southern ethiopia children with physical abnormalities are considered to be ritually impure or mingi with the ability to exert an evil influence upon others so disabled infants have traditionally been disposed of 185 social stigma edit infants have been killed for superstitious accusations such as being witches often by being buried alive or left to starve 184 those at higher risk of being accused and killed include the disabled albinos those born prematurely twins 186 children of single mothers and intersex infants intersex infants commonly suffer from infanticide particularly in developing countries largely caused by stigma surrounding intersex conditions often intersex infants are abandoned while others are actively killed 187 188 189 illegitimacy and its shame has led mothers or their families to kill infants 190 this was also the impetus for a mother s decision to give her child to a baby farmer baby farming is the practice of accepting custody of a child in return for payment this was most common in victorian britain baby farmers sometimes neglected or murdered the babies to keep costs down 191 psychiatric edit see also psychiatric disorders of childbirth postpartum psychosis is also a causative factor of infanticide stuart s asch md a professor of psychiatry at cornell university medical school established the connections between some cases of infanticide and postpartum depression 192 193 194 the books from cradle to grave 195 and the death of innocents 196 describe selected cases of maternal infanticide in new york city stanley hopwood wrote that childbirth and lactation entail severe stress on women and that under certain circumstances attempts at infanticide and suicide are common 197 the infanticide acts are several now repealed laws that in 1922 made the killing of an infant child by its mother during the early months of life a lesser crime than murder introducing the idea that postpartum depression was legally to be regarded as a form of diminished responsibility a study published in the american journal of psychiatry revealed that 44 of filicidal fathers had a diagnosis of psychosis 198 in addition to postpartum psychosis dissociative psychopathology and sociopathy have also been found to be associated with neonaticide in some cases 199 in the late 17th and early 18th centuries loopholes were invented by some suicidal members of lutheran churches 200 who wanted to avoid the damnation that was promised by most christian doctrine as a penalty of suicide one famous example of someone who wished to end their life but avoid the eternity in hell was christina johansdotter died 1740 she was a swedish murderer who killed a child in stockholm with the sole purpose of being executed she is an example of those who seek suicide through execution by committing a murder it was a common act frequently targeting young children or infants as they were believed to be free from sin meaning they would go straight to heaven 201 although mainstream christian denominations including lutherans view the murder of an innocent as being condemned in the fifth commandment the suicidal members of lutheran churches who deliberately killed children with the intent of getting executed were usually well aware of christian doctrine against murder and planned to repent and seek forgiveness of their sins afterwards for example in 18th century denmark up until the year 1767 murderers were given the opportunity to repent of their sins before they were executed either way in 1767 religiously motivated suicidal murders ceased in denmark with the abolishment of the death penalty 202 evolutionary psychology has proposed several theories for different forms of infanticide infanticide by stepfathers as well as child abuse in general by stepfathers has been explained by spending resources on not genetically related children reducing reproductive success see the cinderella effect and infanticide zoology infanticide is one of the few forms of violence more often done by women than men and this has been explained as since women generally have a greater parental investment than men spending resources on an unfit child would decrease the mother s inclusive fitness 183 ethics edit most people today hold that infants have the same moral status as older humans making infanticide essentially always wrong in the same way that killing older persons typically is 203 some have challenged this view philosopher peter singer known for a philosophy called personism argues that newborns lack the essential characteristics of personhood rationality autonomy and self consciousness 204 and therefore killing a newborn baby is never equivalent to killing a person that is a being who wants to go on living 205 some medical ethicists have argued for parents to be allowed to kill their newborn babies because they are not actual persons they have proposed to call this after birth abortion 206 some authors warn that it is hard to defend consistently and credibly a position that rejects infanticide yet accepts the abortion of viable fetuses and the killing of higher animals such as chimpanzees 207 ethicists who consider abortion permissible but reject infanticide often argue from differences in the moral status of fetuses and newborns one such argument is that birth imposes parental responsibilities on the parents that do not exist before birth 208 another argument is that killing someone violates their bodily rights and that persons have such rights from the moment of birth but not before 209 current law edit australia edit in new south wales infanticide is defined in section 22a 1 of the crimes act 1900 nsw as follows 210 where a woman by any willful act or omission causes the death of her child being a child under the age of twelve months but 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 then notwithstanding that the circumstances were such that but for this section the offense would have amounted to murder she shall be guilty of infanticide and may for such offense be dealt with and punished as if she had been guilty of the offense of manslaughter of such child because infanticide is punishable as manslaughter as per s24 211 the maximum penalty for this offence is therefore 25 years imprisonment in victoria infanticide is defined by section 6 of the crimes act of 1958 with a maximum penalty of five years 212 new zealand edit in new zealand infanticide is provided for by section 178 of the crimes act 1961 which states where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide and where at the time of the offence the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to that or any other child or by reason of the effect of lactation or by reason of any disorder consequent upon childbirth or lactation to such an extent that she should not be held fully responsible she is guilty of infanticide and not of murder or manslaughter and is liable to imprisonment for a term not exceeding 3 years 213 canada edit in canada infanticide is a specific offence under section 237 of the criminal code it is defined as a form of culpable homicide which is neither murder nor manslaughter and occurs when a female person by a wilful act or omission causes the death of her newly born child defined as a child under one year of age if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed 214 infanticide is also a defence to murder in that a person accused of murder who successfully presents the defence is entitled to be convicted of infanticide rather than murder 215 216 the maximum sentence for infanticide is five years imprisonment by contrast the maximum sentence for manslaughter is life and the mandatory sentence for murder is life 214 the offence derives from an offence created in english law in 1922 which aimed to address the issue of judges and juries who were reluctant to return verdicts of murder against women and girls who killed their newborns out of poverty depression the shame of illegitimacy or otherwise desperate circumstances since the mandatory sentence was death even though in those circumstances the death penalty was likely not to be carried out with infanticide as a separate offence with a lesser penalty convictions were more likely the offence of infanticide was created in canada in 1948 215 there is ongoing debate in the canadian legal and political fields about whether section 237 of the criminal code should be amended or abolished altogether 217 denmark edit article 238 of the danish penal code covers infanticide stating a mother who kills her child during or immediately after birth and it must be assumed that she acted out of necessity out of fear of disgrace or under the influence of a weakness confusion or bewilderment brought on by the birth is punished with imprisonment for up to 4 years 218 england and wales edit in england and wales the infanticide act 1938 describes the offence of infanticide as one which would otherwise amount to murder by their mother if the victim was older than 12 months and the mother did not have an imbalance of mind due to the effects of childbirth or lactation where a mother who has killed such an infant has been charged with murder rather than infanticide s 1 3 of the act confirms that a jury has the power to find alternative verdicts of manslaughter in english law or guilty but insane the netherlands edit main article groningen protocol infanticide is illegal in the netherlands although the maximum sentence is lower than for homicide the groningen protocol regulates euthanasia for infants who are believed to suffer hopelessly and unbearably under strict conditions 219 poland edit article 149 of the penal code of poland stipulates that a mother who kills her child in labour while under the influence of the course of the delivery is liable to imprisonment for between three months and five years 220 romania edit article 200 of the penal code of romania stipulates that the killing of a newborn during the first 24 hours by the mother who is in a state of mental distress shall be punished with imprisonment of one to five years 221 the previous romanian penal code also defined infanticide pruncucidere as a distinct criminal offense providing for punishment of two to seven years imprisonment 222 recognizing the fact that a mother s judgment may be impaired immediately after birth united states edit further information born alive infants protection act and born alive laws in the united states while legislation regarding infanticide in some countries focuses on rehabilitation believing that treatment and education will prevent repetitive action the united states remains focused on delivering punishment one justification for punishment is the difficulty of implementing rehabilitation services with an overcrowded prison system the united states can not provide the necessary treatment and services 223 state legislation edit in 2009 texas state representative jessica farrar proposed legislation that would define infanticide as a distinct and lesser crime than homicide 224 under the terms of the proposed legislation if jurors concluded that a mother s judgment was impaired as a result of the effects of giving birth or the effects of lactation following the birth they would be allowed to convict her of the crime of infanticide rather than murder 225 the maximum penalty for infanticide would be two years in prison 225 farrar s introduction of this bill prompted liberal bioethics scholar jacob m appel to call her the bravest politician in america 225 federal legislation edit the mothers act m oms o pportunity t o access h ealth e ducation r esearch and s upport precipitated by the death of a chicago woman with postpartum psychosis was introduced in 2009 the act was ultimately incorporated into the patient protection and affordable care act which passed in 2010 the act re...