Twenty years after Andrea: Postpartum psychosis and the insanity defense. (1st March 2023) - Nichols, Alexandra
Abstract: This 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. Key points for the family court community: As many as 50%–75% of new mothers experience a change in their emotions called the "baby blues" after delivery. Approximately two dozen countries have "infanticide laws" that are designed to allow for more lenient penalties in cases where a court determines the postpartum mother suffers from mental illness. Postpartum psychosis is much less common than other postpartum mood disorders—occurring in just 1 or 2 out of every 1000 births—about 3.8 million births were recorded in the United States in 2018. Medical researchers estimate that untreated postpartum psychosis leads to an estimated 4% risk of infanticide, and a 5% risk of suicide. Historically, states have used one of the following tests to determine whether a defendant was legally insane during the commission of a crime: the M'Naughten (Common Law) test, the "irresistible impulse" test, the Durham or "product" test, and the model penal code test.