Myths and Moral Agency: A Principled Approach to Infanticide Law

The offence/defence of infanticide in English and Welsh law has, for the last 100 years, perpetuated many myths about the blameworthiness of the defendant for this distinctive type of criminal conduct. These myths include: a woman might be seen as less blameworthy if she kills her infant under 12 months than if she kills an older child; women who kill their infants only do so because of an imbalance of mind due to the effects of childbirth or lactation; women who kill their infants while suffering from an imbalance of the mind still bear some criminal responsibility, albeit a reduced amount. These myths will be examined and challenged in the context of the proper attribution of criminal responsibility, paying particular regard to Hart’s capacity theory and the need to recognise a defendant as a moral agent.