Abstract
Purpose
To prevent the incarceration and influence outcomes when criminal culpability is linked to postpartum psychosis.
Methods
Infanticide, neonaticide and filicide are most often linked with postpartum psychosis, which affects 1–2 women per 1,000 births or 4,000 women each year in the United States. Multiple genetic, hormonal and psychosocial factors surrounding childbirth result in a 1 to 4% risk of infanticide in women with postpartum psychosis. The authors seek to increase awareness of postpartum psychosis and postpartum depression in state legislatures. Others are working to have it recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM) as a specific illness. Specific postpartum legislation for those charged with crimes related to maternal mental illness is necessary.
Results
In Illinois, the very first criminal law in the nation recognizing the pernicious effects of this illness went into effect in 2018. The authors and others are attempting to cause similar or broader legislation to be brought in other states. Several women have been released from extended incarceration utilizing this law.
Conclusions
This temporary mental illness can lead to tragic outcomes when hospitalization and crisis intervention is delayed or the illness is misdiagnosed. The legal/judicial system has not utilized the growing body of scientific developments that medical researchers have discovered in recent decades. The lack of a unique diagnostic classification in the DSM and the lack of postpartum criminal laws, lead to mentally ill mothers in the U.S. receiving excessively harsh sentences when prosecuted, evidenced both in trial and sentencing.
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Data availability
All data and materials support the authors’ claims.
Notes
The Clemency Project of the Women’s Bar Foundation, in partnership with Families for Justice as Healing, “Representing Women with Postpartum Mental Illness” June 2022 and October 2022.
MMHLA Fact Sheet: Maternal Mental Health: Black Women and Birthing People November 2021.
Cohen, L Director of Ammon-Pinizzotto Center for Women’s Mental Health; Perinatal and Reproductive Psychiatry Clinical Research Program and Professor of Psychiatry at Harvard Medical School (personal communication, October 2023).
National Black Women’s Justice Institute https://www.nbwji.org/post/extreme−sentences−disproportionately−impact−and−harm−black−women Accessed October 8, 2023.
“A Review of Postpartum Psychosis,” Massachusetts General Hospital Postpartum Psychosis Project MGHP3, 2021.
https://www.mghp3.org/post/a-review-of-postpartum-psychosis-2021 Accessed October 8, 2023.
MMHLA Fact Sheet: Maternal Mental Health: Postpartum Psychosis and Infanticide, 2023.
The story of how the Illinois law came to be is discussed in, Advocating for Women with Postpartum Mental Illness: A Guide to Changing the Law and the National Climate (2020).
“Judge gives troubled mother a new shot at life” Chicago Tribune, Annie Sweeney, March 2021.
“Not Carol” Documentary and 5−Part Podcast Series, Planet Grande Pictures, Veronica Brady.
Restore Justice Illinois https://restorejusticeillinois.org.
As checked by the authors October 12, 2023.
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Both authors contributed to the manuscript. The volume of work was approximately 55% Dr. Susan Feingold, PsyD and 45% Barry Lewis, JD.
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Highlights
• Increased awareness of postpartum mental illnesses is essential
• Legislation and judicial change must follow awareness
• The United States is behind other countries in enacting laws regarding postpartum mental illness
• Early identification and treatment can prevent tragedies
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Feingold, S.B., Lewis, B.M. The criminalization of women with postpartum psychosis: “a call for action” for judicial change. Arch Womens Ment Health (2024). https://doi.org/10.1007/s00737-024-01461-1
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DOI: https://doi.org/10.1007/s00737-024-01461-1