My research interests are in the area of criminal justice, with a particular focus on socio-historical and gendered issues. I have published extensively on the subject of infanticide. I have also published on abortion and family homicide, and recently co-edited a book on women and the criminal justice system (Women and Criminal Justice System: Failing Victims and Offenders? Palgrave-Macmillan, forthcoming 2018). My work engages with a range of themes, including social norms, compassion, medicalisation, and reproductive rights. I am currently developing my research across three areas: maternal obligation to the foetus/newborn child, with a particular focus on the criminalisation of women who harm the foetus/baby; obstetric violence; and assisted dying.
Women’s experiences of crime as both offenders and victims are different to their male counter-pa... more Women’s experiences of crime as both offenders and victims are different to their male counter-parts. They commit less crime, and the crime they commit is generally different to men’s, with less involvement in violent crime, criminal damage or professional crime. Women are much more likely to be victims of sexual and physical assault at the hands of a man they are acquainted with and in the context of relationships. However, women’s involvement with the criminal justice system often results in their isolation, stigmatisation and inadequate support—whether they are victims, offenders or both. This volume considers women’s involvement in criminal justice as a whole—to move beyond the silo of seeing two distinct groups by recognising that for many women there are similarities in both pathways to offending and pathways to victimisation. Furthermore, it aims to put women at the centre of the debate on crime and punishment. Too often in political discussions, academia and media reports, women’s involvement in the system is marginalised, ignored or lost in the concerns about male crime. This introduction highlights the key areas of debate and introduces the contributions by the authors in this collection.
This article provides a first critical study of Irish judicial approaches to sentencing women con... more This article provides a first critical study of Irish judicial approaches to sentencing women convicted under the Infanticide Act 1949. Through an analysis of archival material, it will be shown that women convicted of infanticide, a homicide offence carrying a maximum of life imprisonment, were given exceptionally lenient sentences, with very few of these offenders being imprisoned following conviction. In the wider context of harsh and restrictive attitudes to female sexuality, and particularly to unmarried mothers, the obvious question that arises when considering sentencing of Irish infanticide offenders, such as Anne, is why women who killed their babies received consistently lenient treatment at the hands of the courts.
Children are most likely to be killed by their parents. Infants aged under one are at particular ... more Children are most likely to be killed by their parents. Infants aged under one are at particular risk of becoming victims of homicide. Men rarely commit neonaticide, but are more likely to kill older children and often within the context of fatal child abuse. Women's motivations for killing are often within the context of mental illness or altruistic reasons. Women are less likely to be convicted of murder than men and receive non-custodial sentences more readily than father who kill their children. It is often argued that women who kill their infants are pathologized, and perceived to be either mad or bad, ignoring the socio-economic reasons for their acts of filicide. Legal treatment of women who kill infants can be inconsistent and, in some instances, unsympathetic, particularly in jurisdictions that do not have specific infanticide legislation that allows for leniency, such as the United States of America.
During the early and middle decades of the twentieth century, a number of jurisdictions introduce... more During the early and middle decades of the twentieth century, a number of jurisdictions introduced specific laws to deal with the crime of infanticide, following the English approach to this offence which allowed for a reduced conviction and flexible sentence in cases where women killed their babies aged under 12 months whilst in a mentally disturbed state. Taking the Irish experience, this paper explores the role of social norms in the criminal justice response to infanticide. It is argued that, irrespective of the existing legal framework in place, implicit shared social norms about the ‘appropriate’ outcome in cases where women killed their babies played a crucial part in how this crime has been dealt with by the courts. The criminal justice response will be assessed against shifting legal and social environments, in particular, the enactment of a specific Infanticide Act in 1949, and Ireland's transition from a conservative to a liberal society during the last decades of the...
MH, a domestic cook who was 26 years of age, was charged with murdering her newborn infant in Sep... more MH, a domestic cook who was 26 years of age, was charged with murdering her newborn infant in September 1931. MH had been “seeing a boy” who, she stated, “took advantage” of her on one occasion, procuring her consent to sexual intercourse by a promise of marriage. She claimed that she only realized she was pregnant during the later months of her pregnancy, but did not inform the father of her child. Her employer, suspecting that MH was pregnant, enquired on several occasions whether she could do anything to help, but MH did not admit her “condition.” Although her employer was aware that MH had no family or home to go to, she gave MH notice to quit her job. A couple of weeks later, MH gave birth in her bedroom at her employer's home; she did not call out for assistance or disturb the girl with whom she shared the bedroom. MH admitted in her statement that the baby cried after birth and that she “tied a white dress belt … around its neck to kill it,” adding: “I tied it [the belt] ...
Women and the Criminal Justice System: failing victims and offenders?, 2018
This chapter considers the unusual case where a woman is suspected of killing her newborn baby fo... more This chapter considers the unusual case where a woman is suspected of killing her newborn baby following a secret pregnancy and birth. The research on what we know about the circumstances and incidence of what has been termed 'neonaticide' is explored. The complexities of these cases in terms of their circumstances and the vulnerability of women who conceal their pregnancies is highlighted. Following this, the difficulties, from a legal perspective, that arise when seeking to prosecute women for homicide when their babies die following an unassisted concealed birth are considered. What we know about current criminal justice practice in these cases is also explored. Unfortunately, there is limited research on current criminal justice practice in these cases, and little is therefore known about the approach taken by the police, prosecutors and the courts in cases involving suspected homicides of newborns. The need for further research on the criminal justice response is highlighted, and the appropriateness of criminalising women and girls in these cases, particularly given their unique circumstances of vulnerability, is questioned.
Several jurisdictions have special infanticide laws which allow for lenient treatment of women wh... more Several jurisdictions have special infanticide laws which allow for lenient treatment of women who kill their infants. These laws, based on the English legislative model, typically allow for an infanticide charge/conviction where women kill their infants in mitigating circumstances. The rationale for lenient treatment is medical, namely that the woman was suffering from a disturbance in the balance of mind caused by the effects of childbirth or lactation consequent upon childbirth. Historically, infanticide laws were enacted because widespread sympathy for unmarried women who killed their infants caused difficulties for the efficient and effective prosecution of this offender. Infanticide laws sought to address these difficulties by formalizing lenient treatment. In the contemporary context, several problems with these laws have been identified, not least of which is the dubious medical rationale. Some jurisdictions have reformed their laws to address these criticisms.
Women and the Criminal Justice System: Failing Victims and Offenders?, 2018
Women's experiences of crime as both offenders and victims are different to their male counter-pa... more Women's experiences of crime as both offenders and victims are different to their male counter-parts. They commit less crime, and the crime they commit is generally different to men's, with less involvement in violent crime, criminal damage or professional crime. Women are much more likely to be victims of sexual and physical assault at the hands of a man they are acquainted with and in the context of relationships. However, women's involvement with the criminal justice system often results in their isolation, stigmatisation and inadequate support - whether they are victims, offenders or both. This volume attempts to consider women's involvement in criminal justice as a whole - to move beyond the silo of seeing two distinct groups by recognising that for many women there are similarities in both pathways to offending and pathways to victimisation. Furthermore, it aims to put women at the centre of the debate on crime and punishment. Too often in political discussions, academia and media reports, women's involvement in the system is marginalised, ignored or lost in the concerns about male crime. This introduction highlights the key areas of debate and introduces the contributions by the authors in this collection.
Women’s experiences of crime as both offenders and victims are different to their male counter-pa... more Women’s experiences of crime as both offenders and victims are different to their male counter-parts. They commit less crime, and the crime they commit is generally different to men’s, with less involvement in violent crime, criminal damage or professional crime. Women are much more likely to be victims of sexual and physical assault at the hands of a man they are acquainted with and in the context of relationships. However, women’s involvement with the criminal justice system often results in their isolation, stigmatisation and inadequate support—whether they are victims, offenders or both. This volume considers women’s involvement in criminal justice as a whole—to move beyond the silo of seeing two distinct groups by recognising that for many women there are similarities in both pathways to offending and pathways to victimisation. Furthermore, it aims to put women at the centre of the debate on crime and punishment. Too often in political discussions, academia and media reports, women’s involvement in the system is marginalised, ignored or lost in the concerns about male crime. This introduction highlights the key areas of debate and introduces the contributions by the authors in this collection.
This article provides a first critical study of Irish judicial approaches to sentencing women con... more This article provides a first critical study of Irish judicial approaches to sentencing women convicted under the Infanticide Act 1949. Through an analysis of archival material, it will be shown that women convicted of infanticide, a homicide offence carrying a maximum of life imprisonment, were given exceptionally lenient sentences, with very few of these offenders being imprisoned following conviction. In the wider context of harsh and restrictive attitudes to female sexuality, and particularly to unmarried mothers, the obvious question that arises when considering sentencing of Irish infanticide offenders, such as Anne, is why women who killed their babies received consistently lenient treatment at the hands of the courts.
Children are most likely to be killed by their parents. Infants aged under one are at particular ... more Children are most likely to be killed by their parents. Infants aged under one are at particular risk of becoming victims of homicide. Men rarely commit neonaticide, but are more likely to kill older children and often within the context of fatal child abuse. Women's motivations for killing are often within the context of mental illness or altruistic reasons. Women are less likely to be convicted of murder than men and receive non-custodial sentences more readily than father who kill their children. It is often argued that women who kill their infants are pathologized, and perceived to be either mad or bad, ignoring the socio-economic reasons for their acts of filicide. Legal treatment of women who kill infants can be inconsistent and, in some instances, unsympathetic, particularly in jurisdictions that do not have specific infanticide legislation that allows for leniency, such as the United States of America.
During the early and middle decades of the twentieth century, a number of jurisdictions introduce... more During the early and middle decades of the twentieth century, a number of jurisdictions introduced specific laws to deal with the crime of infanticide, following the English approach to this offence which allowed for a reduced conviction and flexible sentence in cases where women killed their babies aged under 12 months whilst in a mentally disturbed state. Taking the Irish experience, this paper explores the role of social norms in the criminal justice response to infanticide. It is argued that, irrespective of the existing legal framework in place, implicit shared social norms about the ‘appropriate’ outcome in cases where women killed their babies played a crucial part in how this crime has been dealt with by the courts. The criminal justice response will be assessed against shifting legal and social environments, in particular, the enactment of a specific Infanticide Act in 1949, and Ireland's transition from a conservative to a liberal society during the last decades of the...
MH, a domestic cook who was 26 years of age, was charged with murdering her newborn infant in Sep... more MH, a domestic cook who was 26 years of age, was charged with murdering her newborn infant in September 1931. MH had been “seeing a boy” who, she stated, “took advantage” of her on one occasion, procuring her consent to sexual intercourse by a promise of marriage. She claimed that she only realized she was pregnant during the later months of her pregnancy, but did not inform the father of her child. Her employer, suspecting that MH was pregnant, enquired on several occasions whether she could do anything to help, but MH did not admit her “condition.” Although her employer was aware that MH had no family or home to go to, she gave MH notice to quit her job. A couple of weeks later, MH gave birth in her bedroom at her employer's home; she did not call out for assistance or disturb the girl with whom she shared the bedroom. MH admitted in her statement that the baby cried after birth and that she “tied a white dress belt … around its neck to kill it,” adding: “I tied it [the belt] ...
Women and the Criminal Justice System: failing victims and offenders?, 2018
This chapter considers the unusual case where a woman is suspected of killing her newborn baby fo... more This chapter considers the unusual case where a woman is suspected of killing her newborn baby following a secret pregnancy and birth. The research on what we know about the circumstances and incidence of what has been termed 'neonaticide' is explored. The complexities of these cases in terms of their circumstances and the vulnerability of women who conceal their pregnancies is highlighted. Following this, the difficulties, from a legal perspective, that arise when seeking to prosecute women for homicide when their babies die following an unassisted concealed birth are considered. What we know about current criminal justice practice in these cases is also explored. Unfortunately, there is limited research on current criminal justice practice in these cases, and little is therefore known about the approach taken by the police, prosecutors and the courts in cases involving suspected homicides of newborns. The need for further research on the criminal justice response is highlighted, and the appropriateness of criminalising women and girls in these cases, particularly given their unique circumstances of vulnerability, is questioned.
Several jurisdictions have special infanticide laws which allow for lenient treatment of women wh... more Several jurisdictions have special infanticide laws which allow for lenient treatment of women who kill their infants. These laws, based on the English legislative model, typically allow for an infanticide charge/conviction where women kill their infants in mitigating circumstances. The rationale for lenient treatment is medical, namely that the woman was suffering from a disturbance in the balance of mind caused by the effects of childbirth or lactation consequent upon childbirth. Historically, infanticide laws were enacted because widespread sympathy for unmarried women who killed their infants caused difficulties for the efficient and effective prosecution of this offender. Infanticide laws sought to address these difficulties by formalizing lenient treatment. In the contemporary context, several problems with these laws have been identified, not least of which is the dubious medical rationale. Some jurisdictions have reformed their laws to address these criticisms.
Women and the Criminal Justice System: Failing Victims and Offenders?, 2018
Women's experiences of crime as both offenders and victims are different to their male counter-pa... more Women's experiences of crime as both offenders and victims are different to their male counter-parts. They commit less crime, and the crime they commit is generally different to men's, with less involvement in violent crime, criminal damage or professional crime. Women are much more likely to be victims of sexual and physical assault at the hands of a man they are acquainted with and in the context of relationships. However, women's involvement with the criminal justice system often results in their isolation, stigmatisation and inadequate support - whether they are victims, offenders or both. This volume attempts to consider women's involvement in criminal justice as a whole - to move beyond the silo of seeing two distinct groups by recognising that for many women there are similarities in both pathways to offending and pathways to victimisation. Furthermore, it aims to put women at the centre of the debate on crime and punishment. Too often in political discussions, academia and media reports, women's involvement in the system is marginalised, ignored or lost in the concerns about male crime. This introduction highlights the key areas of debate and introduces the contributions by the authors in this collection.
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Papers by Karen Brennan