Twenty years after Andrea: Postpartum psychosis and the insanity defense

Abstract

AbstractThis Note will examine the inconsistencies in the treatment of mothers diagnosed with postpartum psychosis who claim the insanity defense in cases of infanticide and/or child abuse. The defense of not guilty by reason of insanity is treated inconsistently throughout the U.S. court system, especially in cases involving a defendant suffering from postpartum psychosis. This Note proposes specific jury instructions for cases involving a defendant diagnosed with postpartum psychosis and introduces a new criminal charge of infanticide so that defendants do not have to rely on proving insanity alone.