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Author: Emma Cunliffe
Publisher: Bloomsbury Publishing
ISBN: 1847316603
Category : Law
Languages : en
Pages : 246
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Book Description
Since the early 1990s, unexplained infant death has been reformulated as a criminal justice problem within many western societies. This shift has produced wrongful convictions in more than one jurisdiction. This book uses a detailed case study of the murder trial and appeals of Kathleen Folbigg to examine the pragmatics of proof beyond a reasonable doubt. It explores how legal process, medical knowledge and expectations of motherhood work together when a mother is charged with killing infants who have died in mysterious circumstances. The author argues that Folbigg, who remains in prison, was wrongly convicted. The book also employs Folbigg's trial and appeals to consider what lessons courts have learned from prior wrongful convictions, such as those of Sally Clark and Angela Cannings. The author's research demonstrates that the Folbigg court was misled about the state of medical knowledge regarding infant death, and that the case proceeded on the incorrect assumption that behavioural and scientific evidence provided independent proofs of guilt. Individual chapters critically assess the relationships between medical research and expert testimony; the operation of unexamined cultural assumptions about good mothering; and the manner in which contested cases are reported by the press as overwhelming.
Author: Emma Cunliffe
Publisher: Bloomsbury Publishing
ISBN: 1847316603
Category : Law
Languages : en
Pages : 246
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Book Description
Since the early 1990s, unexplained infant death has been reformulated as a criminal justice problem within many western societies. This shift has produced wrongful convictions in more than one jurisdiction. This book uses a detailed case study of the murder trial and appeals of Kathleen Folbigg to examine the pragmatics of proof beyond a reasonable doubt. It explores how legal process, medical knowledge and expectations of motherhood work together when a mother is charged with killing infants who have died in mysterious circumstances. The author argues that Folbigg, who remains in prison, was wrongly convicted. The book also employs Folbigg's trial and appeals to consider what lessons courts have learned from prior wrongful convictions, such as those of Sally Clark and Angela Cannings. The author's research demonstrates that the Folbigg court was misled about the state of medical knowledge regarding infant death, and that the case proceeded on the incorrect assumption that behavioural and scientific evidence provided independent proofs of guilt. Individual chapters critically assess the relationships between medical research and expert testimony; the operation of unexamined cultural assumptions about good mothering; and the manner in which contested cases are reported by the press as overwhelming.
Author: Emma Cunliffe
Publisher: Hart Publishing
ISBN: 1509974148
Category : Law
Languages : en
Pages : 0
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Book Description
The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children's deaths. Two subsequent inquiries examined Folbigg's convictions. In 2019, Commissioner Blanch concluded that Folbigg's guilt was “even more certain” than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the “firm view” that “reasonable doubt exists as to Folbigg's guilt.” This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law's fact-finding processes and the legal system's adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women's credibility and demeanour.
Author: Linda C. Fentiman
Publisher: NYU Press
ISBN: 1479867187
Category : Law
Languages : en
Pages : 435
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Book Description
A gripping explanation of the biases that lead to the blaming of pregnant women and mothers. Are mothers truly a danger to their children’s health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby’s father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who “fail to protect” their children. In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of “fetal protection” including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children’s health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children’s injuries. Blaming Mothers is a powerful call to reexamine who - and what - we consider risky to children’s health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America’s children. Read a piece by Linda Fentiman on shaming and blaming mothers under the law on The Gender Policy Report.
Author: John O'Brien
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages :
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Book Description
The true story of a murderous mother and five innocent victims. With eight pages of photos Charles Hickey, Todd Lighty, and John O'Brien bring the story of a mother not fit for the title. Waneta Hoyt's first baby died. Then her second. Then her third. Nobody, including her husband, suspected Waneta Hoyt--or stopped her from having more babies. Then her fourth baby died. Then her fifth. And the famed medical expert declared they had died of sudden infant death syndrome and use them to support his theory that SIDS ran in families. One man, however, did not except the diagnosis. District Attorney Bill Fitzpatrick set out to expose the truth about a crime hard to imagine. To do so meant convicting a woman who had won the hearts of all. And just proving a doctor who had climbed to the top of his field with the help of little corpses. Brace yourself for a true story of motherhood, medicine, and murder you will remember every time you hear a baby crying.
Author: Cheryl L. Meyer
Publisher: NYU Press
ISBN: 0814756433
Category : Family & Relationships
Languages : en
Pages : 224
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Book Description
An inside look into patterns and potential prevention plans for one of the most hotly sensationalized crimes A special kind of horror is reserved for mothers who kill their children. Cases such as those of Susan Smith, who drowned her two young sons by driving her car into a lake, and Melissa Drexler, who disposed of her newborn baby in a restroom at her prom, become media sensations. Unfortunately, in addition to these high-profile cases, hundreds of mothers kill their children in the United States each year. The question most often asked is, why? What would drive a mother to kill her own child? Those who work with such cases, whether in clinical psychology, social services, law enforcement or academia, often lack basic understandings about the types of circumstances and patterns which might lead to these tragic deaths, and the social constructions of motherhood which may affect women's actions. These mothers oftentimes defy the myths and media exploitation of them as evil, insane, or lacking moral principles, and they are not a homogenous group. In obvious ways, intervention strategies should differ for a teenager who denies her pregnancy and then kills her newborn and a mother who kills her two toddlers out of mental illness or to further a relationship. A typology is needed to help us to understand the different cases that commonly occur and the patterns they follow in order to make possible more effective prevention plans. Mothers Who Kill Their Children draws on extensive research to identify clear patterns among the cases of women who kill their children, shedding light on why some women commit these acts. The characteristics the authors establish will be helpful in creating more meaningful policies, more targeted intervention strategies, and more knowledgeable evaluations of these cases when they arise.
Author: John Glatt
Publisher: Macmillan
ISBN: 1429997052
Category : True Crime
Languages : en
Pages : 245
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Book Description
Ten Babies. Eight Murders. One Woman to Blame: Their Mother In March of 1949, a healthy baby boy named Richard Noe entered this world. Thirty-one days later, he left it -- found dead in his parents' bedroom in a working-class Philadelphia neighborhood. Over the next nineteen years, all nine of Marie and Arthur Noe's other children would die -- one stillborn, one in the hospital, and the other seven of unexplained causes--none lived longer than fifteen months. Gaining national sympathy for their unbelievabloe bad luck, the Noes were deemed victims of SIDS (Sudden Infant Death Syndrome). But as the years went on, may people found their SIDS defence a hard pill to swallow -- after all, SIDS is not a hereditary condition. As investigators proved, they found that in each case, the child had died while home alone with Marie Noe. Finally, in 1999 -- fifty years after her first child died -- septuagenarian Maried Noe pled guilty to killing eight of her ten dead children. Today, she remains at home on probation helping psychiatric experts understand what is perhaps one of the most disturbing and baffling mysteries of all: how and why a mother could kill her own children. In this riveting true crime account, author John Glatt goes behind the headlines and into the heart of this fascinating case to reveal the shocking answers.
Author: Jacqueline Rose
Publisher: Macmillan + ORM
ISBN: 0374715831
Category : Social Science
Languages : en
Pages : 162
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Book Description
A simple argument guides this book: motherhood is the place in our culture where we lodge, or rather bury, the reality of our own conflicts. By making mothers the objects of both licensed idealization and cruelty, we blind ourselves to the world’s iniquities and shut down the portals of the heart. Mothers are the ultimate scapegoat for our personal and political failings, for everything that is wrong with the world, which becomes their task (unrealizable, of course) to repair. Moving commandingly between pop cultural references such as Roald Dahl’s Matilda to insights on motherhood in the ancient world and the contemporary stigmatization of single mothers, Jacqueline Rose delivers a groundbreaking report into something so prevalent we hardly notice. Mothers is an incisive, rousing call to action from one of our most important contemporary thinkers.
Author: Julie Langford
Publisher: JHU Press
ISBN: 1421408473
Category : Biography & Autobiography
Languages : en
Pages : 231
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Book Description
She employs Julia Domna as a case study to explore the creation of ideology between the emperor and its subjects.
Author: Susan B. Boyd
Publisher: University of Toronto Press
ISBN: 1442626453
Category : Family & Relationships
Languages : en
Pages : 290
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Book Description
Since the end of the Second World War, increasing numbers of women have decided to become mothers without intending the biological father or a partner to participate in parenting. Many conceive via donor insemination or adopt; others become pregnant after a brief sexual relationship and decide to parent alone. Using a feminist socio-legal framework, Autonomous Motherhood? probes fundamental assumptions within the law about the nature of family and parenting. Drawing on a range of empirical evidence, including legislative history, case studies, and interviews with single mothers, the authors conclude that while women may now have the economic and social freedom to parent alone, they must still negotiate a socio-legal framework that suggests their choice goes against the interests of society, fatherhood, and children.
Author: Harry Willekens
Publisher: Göttingen University Press
ISBN: 3863954254
Category : Law in general. Comparative and uniform law. Jurisprudence
Languages : en
Pages : 182
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Book Description
Who is a child’s legal mother? Must a child have exactly one mother, can it have two or three, or can it have two fathers, but no mother? Or has the concept of motherhood become obsolete and should we just talk of parenthood in a gender neutral way? Questions such as these would have appeared esoteric only a few decades ago, but as a result of new social developments (such as frequent family reconstitutions, gay and lesbian emancipation or surrogacy) and of technological innovations (such as egg and embryo donations) they have become issues in a vehement debate. The interdisciplinary contributions to this book focus on the legal definition of motherhood, on the way in which legal conceptions structure the social discourse on motherhood (and vice versa), and on the influence of legal rules on power relations between mothers, fathers, children and the state. Among the issues addressed are - the challenges to our understanding of the legal regulation of motherhood by developments in reproductive medicine; - the challenges to our understanding of the legal regulation of motherhood by parental constellations deviating from the mother-father-model (single motherhood by choice, same-gender parenthood, multiple parenthood); - the exercise of parental rights in case of parental separation and the impact of legal rules on the bargaining positions of mothers and fathers.
