My understanding is that it is actually inherited from UK law where it was introduced because juries simply would not convict mothers who killed their newborn children, especially when murder had a mandatory death sentence. Infanticide was introduced as a means to get convictions.
Obviously times have changed- for a start, she was twice convicted by a jury of murder.
Never heard of a 'birthing causes the want to kill' mental illness. I've seen two children being born in person and watched a few others on shows and such; never run into that.
Not saying that it isn't possible, but it seems like a bull-shit excuse to give murders a break because they're women who killed they own offspring. ie the "she suffered too much already" sentiment.
Seems it has a long legal history.
http://news.bbc.co.uk/1/hi/health/2985632.stm
That article dated three years before the review here which said, if anything, the infanticide law needs to be more accessible
Originally posted by Zeal Ex Nihilo
Killing a baby isn't murder in Canada. Truly a paradise compared to the corrupt United States.
lol, its funny because you clearly have no idea how messed up the American prison system is...
Originally posted by Robtard
If locking up some rapist or murderer for 1 day or 10 years isn't a guarantee that they won't rape/murder someone else once released either way, what is?Why capital punishment for rape and murder is probably a good idea. Can't you see the simple beauty in that? Moral's aside.
I don't think anyone has ever argued that rehabilitation is a better system because it produces less recidivism than the death penalty does
Originally posted by Robtard
To me, it seems like a free-pass to murder under the "birthing affected her mental state" clause. Ridiculous.
Its only a free pass if you think the purpose of the justice system is to punish people whom it deems have misbehaved. This is not the role Canadians have decided they want their justice system to play.
I'm sorry your bloodlust is not satisfied by a thorough enough ruining of this woman's life.
And here is the case that prompted the UK review- the headline doesn't mean what some might think it does.
http://www.independent.co.uk/news/uk/crime/scrap-outdated-infanticide-law-say-judges-495016.html
Originally posted by Robtard
Never heard of a 'birthing causes the want to kill' mental illness.
Originally posted by inimalistI smell a lot of dodging and deflecting in this post.
lol, its funny because you clearly have no idea how messed up the American prison system is...I don't think anyone has ever argued that rehabilitation is a better system because it produces less recidivism than the death penalty does
Its only a free pass if you think the purpose of the justice system is to punish people whom it deems have misbehaved. This is not the role Canadians have decided they want their justice system to play.
I'm sorry your bloodlust is not satisfied by a thorough enough ruining of this woman's life.
Originally posted by inimalist
Its only a free pass if you think the purpose of the justice system is to punish people whom it deems have misbehaved. This is not the role Canadians have decided they want their justice system to play.I'm sorry your bloodlust is not satisfied by a thorough enough ruining of this woman's life.
I blame the criminal, not the victim; I have little to no compassion for the criminal.
Originally posted by Symmetric ChaosAccording to the article, she'll be serving 16 days in prison.
Haven't been reading the thread but I seriously doubt that she's just walking away free.
Nothing else was mentioned... though I wouldn't be surrpised if some sort of mandatory... I dunno psychiatric care was brought into motion as well.
Originally posted by Symmetric Chaos
Haven't been reading the thread but I seriously doubt that she's just walking away free.
"Effert will have to abide by conditions for the next three years but she won't spend time behind bars for strangling her newborn son."
She's walking away with a 3-year suspended sentence(for time served?) and probation.
Originally posted by RE: Blaxican
I smell a lot of dodging and deflecting in this post.
what do you want me to answer more directly?
- Canadian prisons are far superior to American ones, and this is without bringing up privatization
- The death penalty is good at preventing people from ever doing something again, including committing a crime. However, I've never heard it argued that capital punishment wasn't effective enough. I don't feel the state should have the right to kill people. The effectiveness of killing really doesn't begin to address that.
- The Canadian Justice System, like it or not, isn't in the business of punishing people for misbehaving, and thinks more about public safety before sentencing criminals for a crime. Like, if you think the Canadian Justice System should work differently because you feel this woman needs to suffer for what she did, fine, and you are welcome to overcrowd your prisons enforcing that ideology. We don't believe that here.
Nobody has yet provided a reason, aside from a sense of vengeance, for why this woman should face major jail time. That she is mentally sick and poses no real threat to those around her seem enough of a reason, at least imho, for her to not be incarcerated
Originally posted by Robtard
So it's like Postpartum Pepression on steroids.Call me callous, but I find it hard to excuse baby-killers.
edit: See inimilist linked it.
so your point goes from "I dont believe there are psychological disorders that cause a woman to want to kill her baby" to "I dont care that there are psychological disorders that make a woman want to kill her baby"? hand waving?
Originally posted by Robtard
"Effert will have to abide by conditions for the next three years but she won't spend time behind bars for strangling her newborn son."She's walking away with a 3-year suspended sentence(for time served?) and probation.
I'm guessing "abide by conditions" means mandatory counseling. There hardly seems to be anything else worth doing.
What is it that you think execution or life in prison would accomplish in this case? The baby isn't coming back. She isn't going to go on a killing spree. It's not going to discourage anyone else from doing the same.
Originally posted by inimalist
so your point goes from "I dont believe there are psychological disorders that cause a woman to want to kill her baby" to "I dont care that there are psychological disorders that make a woman want to kill her baby"? hand waving?
No, I'm still not convinced there are exact psychological disorders that happen after birth that force mother's against their will to kill their babies. In fact, it goes against the very nature of a mother to want to protect her child.
Seems like using Postpartum Depression as a scapegoat to blame-shift. I hate blame-shifting. eg "My child was an angel; it was the video-games that made him take a hammer to his classmate's head". I call BS.
Originally posted by inimalist
who blamed the child?the thing you seem to be hung up on is that we aren't brutalizing the woman for doing something against the rules, not that we aren't ascribing her blame.
Seems to me the child being born is what caused her the grief that lead to her killing her baby and thereby "ruining her life."
I'm more hung up on the scapegoating and blame-shifting.