Neonaticide in the Courtroom – Room for Improvement? Conclusions Drawn from Austria and Finland's Register Review

Sabine Amon,Claudia M Klier,Ghitta Weizmann‐Henelius,Hanna Putkonen,Paula Fernandez Arias

doi:10.1002/car.2589

Abstract

This study analyses the psychological, clinical and criminal characteristics of neonaticide focusing on court verdicts with the aim of formulating recommendations for judicial guidelines. This study was register based, comprising all known neonaticides in Austria and Finland between 1995 and 2005. The cases (n = 28) were obtained by screening death certificates from coroner departments and analysing them alongside all further reports available. Five out of 21 convicted offenders were imprisoned with an average sentence of 1.65 years. A mental disorder, at the time of the offence, was diagnosed in half of the offenders (9/18) who underwent forensic examination. Of the total offenders, 14 were deemed responsible for the crime, one was deemed to have had diminished responsibility and three were considered not responsible for the crime. The main motive, determined by court evaluation, was an ‘unwanted child', followed by ‘no motive', ‘fear of abandonment or a negative response from others' and 'mental overload'. The rate of repeated neonaticide was 13 per cent. Considering the rate of mental illness within the neonaticide offenders, we would recommend a treatment detention order instead of imprisonment or non‐prosecution, as well as state‐of‐the‐art guidelines for the court.‘Analyses the psychological, clinical and criminal characteristics of neonaticide focusing on court verdicts'Key Practitioner Messages Autopsies should be conducted for all suspected neonaticides. Forensic examinations should be performed by experts with knowledge and experience of neonaticide. There should be standardised forensic examinations using structured psychiatric and psychological methods by two independent experts. Neonaticide cases should be tried in specialised courts. A psychiatric treatment order should be made for all neonaticide offenders as a preventive measure to reduce reoffending and address the high psychological burden.

Highlights

In 2017, the global rate of neonatal mortality was 18 deaths per 1000 live births (UNICEF et al, 2018)
Forensic examinations should be performed by experts with knowledge and experience of neonaticide
Neonaticide cases should be tried in specialised courts

Summary

Introduction

In 2017, the global rate of neonatal mortality was 18 deaths per 1000 live births (UNICEF et al, 2018). Aside from the risk of mortality by illness, malnutrition or birth complications, there is a high risk for an infant to become the victim of a homicide (Ellonen et al, 2015). The death of a child at the hands of their parent(s) is commonly referred to as filicide (Resnick, 1969). Despite infanticide and neonaticide being classified as subcategories of filicide, where infanticide refers to the killing of a child under 12 months of age and neonaticide is the killing of a newborn within the first 24 hours of life, they are distinctly different events. The infanticide rate (

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