Mitigating Factor: Filicide Children Killed by Parents?

[Dear Prudence]

Here's another interesting article about filicide, mostly covers mentally ill mothers.
http://www.deathpenaltyinfo.org/node/640

Here's a snip:
Among the mothers with severe mental illness, the decision to kill a child can arise abruptly. But then, so can the mental problems.

In Dr. Stanton's interviews, some women, draped with depression, had contemplated the killing for perhaps a week. For the others, blanketed in psychosis, the murder was an impulse.

But something had definitely snapped.

"They all had either a new illness that nobody knew about ... or their illness changed," Dr. Stanton says. "When you listen to these stories you can hear that they had signs and symptoms of illness, but they hadn't been recognized."

Among the symptoms: Thought becomes disorganized. Emotions may disappear - or escalate irrationally. Impulses are hard to control. Consequences aren't clear.

"It makes people in that state very, very difficult to relate to and to have an idea of what's going on," Dr. Stanton says.

Despite the erratic nature of the illnesses, her research team was surprised at the mothers' lack of premeditation. Especially among the psychotic women, she says, the killing was more the result of disorganized thinking.

"I think that's the reality of the risk," she says. "When you have someone who's actively psychotic, they can do anything."


I really think the above is similar to where Terence Lenamon would have gone in defending Casey and I think he would have a better chance of convincing a jury with this strategy than the SODDI defense.

 

[Dear Prudence]

http://galvestondailynews.com/story.lasso?ewcd=63b60219b3e17e0a

While looking for information in another a case regarding the death penalty in Texas for mothers who commit filicide, I came across some interesting information in the above article. I was looking into the recent trial of Riley Ann Sawyer's (Baby Grace) mother in Galveston because I remember the district attorney there did not seek the death penalty, but couldn't remember why he didn't. Well, turns out there was a death penalty sentence reversed by the Texas Court of Criminal Appeals in an earlier case for a women who duct-taped her infants mouth and arms, put him in a bag, and discarded him.

Here's a statement from the district attorney:
"The Texas Court of Criminal Appeals, the state’s highest criminal court, ruled in September that a mother who acted violently against her own children does not pose enough danger to others to warrant execution, Sistrunk said."

So, I wonder if this is a reason that filicide might be considered a mitigating factor? As long as the woman spends the rest of her life in prison, she can't have any more babies that she might kill. I guess that is factually true, but I just can't seem to wrap my brain around that logic. Sometimes I believe the death penalty should be given as punishment and not just a deterrent to further crime. Especially in the case of Riley Ann because what her mother and step-father did to her was just horrendous. They both received life sentences.

Here's some more info from the above article:

“A case like this cries out for the harshest sentence,” he said. “We understand this. We are guided by more than just our emotions when deciding about this brutal killing.”

The appeals court ruling stems from the case of a Beaumont mother accused of killing her newborn by placing duct tape over the baby’s arms and mouth, putting the child in a plastic bag and throwing the body away, Sistrunk said.

A jury sentenced the mother to die. The Court of Criminal Appeals, however, found that if the accused has only committed acts of violence against a segment of society she would not encounter in prison, there’s insufficient evidence for a death-penalty case, Sistrunk said.

It overturned the ruling and sentenced the woman to life in prison.


So, as far as Casey's case goes, she can not cite law from different states to defend against a possible death sentence, can she?

 

[LiveLaughLuv]

Why fathers do it. Why mothers do it.
By Dahlia Lithwick
Posted Tuesday, March 12, 2002, at 6:00 PM ET

Women do not, by and large, make terrific criminals. In the United States, women commit only two crimes as frequently as men. The first is shoplifting. The second is the murder of their own children. Andrea Yates, the Houston mother whose trial for the murders of three of her children ends today, and Marilyn Lemak, the Chicago nurse recently convicted of killing her three children, are not at all statistical anomalies. Somehow, women—who commit less than 13 percent of all violent crimes in the United States—commit about 50 percent of all parental murders. Why do so many women direct their most violent impulses toward their own children? While it may once have been true that women were the sole—and often frustrated—caregivers of small children, mothers now work, yet they don't kill their colleagues; they kill their babies. Why? Feminists and legal researchers tend to claim that such women must be extremely ill. Judges and juries mostly agree, with the result being that women who kill their children in this country are disproportionately hospitalized or treated, while men who do so are disproportionately jailed, even executed.

much more at the link:
Another DePaul University professor Michelle Oberman

http://www.slate.com/id/2063086/

 

[LiveLaughLuv]

Women on Death Row
Most Killed their Children, Husbands

It is indeed rare for a woman to be given the death sentence in the United States. Of the 3,487 persons on death row in the U.S. as of June 2004, only 49 of them, or 1.3 percent, were women.

Of the 49 women who were on death row in 2004, 55 percent (27) of them were convicted of killing their children, their husbands and/or boyfriends or both, according to Victor L. Streib's research in "Death Penalty For Female Offenders, January 1, 1973 through June 30, 2004." Seven of those 27 women who killed family members killed more than one victim.

more at the link:
http://crime.about.com/od/female_offenders/a/row_women.htm

 

[LiveLaughLuv]

11 Female Executions
Only 11 female offenders have been executed since 1976. They are:

•Velma Barfield in North Carolina, November 2, 1984

•Karla Faye Tucker in Texas, February 3, 1998

•Judy Buenoano in Florida, March 30, 1998

•Betty Lou Beets in Texas, February 24, 2000

•Christina Riggs in Arkansas, May 2, 2000

•Wanda Jean Allen in Oklahoma, January 11, 2001

•Marilyn Plantz in Oklahoma, May 1, 2001

•Lois Nadean Smith in Oklahoma, December 4, 2001

•Lynda Lyon Block in Alabama, May 10, 2002

•Aileen Wuornos in Florida, October 9, 2002.

•Frances Newton in Texas, Sept. 15, 2005.

http://crime.about.com/od/female_offenders/a/row_women.htm

 

[Jolynna]

More stats about moms that murder:

According to the American Anthropological Association, more than 200 women kill their children in the United States each year. Three to five children a day are killed by their parents. Homicide is one of the leading causes of death of children under age four, yet we continue to "persist with the unrealistic view that this is rare behavior," says Jill Korbin, expert on child abuse, who has studied mothers who killed their children.


We should detach from the idea of universal motherhood as natural and see it as a social response," Nancy Scheper-Hughes, medical anthropologist says. Women in jail reported that no-one believed them when they said they wanted to kill their children. "There's a collective denial even when mothers come right out and say, "I really shouldn't be trusted with my kids."

A look at the rolls of women who are currently on death row, and the crimes that put them there, shows that women who kill their children are indeed not as rare as we would like to believe. Of the 49 women on death row, 11 killed children.

http://crime.about.com/od/female_offenders/a/mother_killers.htm

 

[LiveLaughLuv]

Exactly, Southernbrunette.

Inmate Anthony is not unique. I thought about that witness brought into argue gender bias and the DP, Elizabeth Rapaport. This woman was so unprepared and couldn't answer JA as the gender bias pertains to her case. She didn't even read up on Inmate Anthony's discovery documents..It was embarassing to me that with one swift sentence, she looked unintelligent and back in the rock ages in her stats...

Things in this world have changed so much, we now see woman who rape and murder. We see more crimes commited by woman and equality in criminality holds its own. That motion was such a huge waste of time but JPJr. kept it fair and ruled according to law..JMHO

Justice for Caylee

 

[Jolynna]

There are factors in Caylee's case that are VERY similar to the disappearance of Trenton Duckett in 2006. From the Federal Bureau of Investigation's case analysis of Trenton's disappearance:

Typically, two-year-olds are considered at low risk to become victims of abduction, largely because they are not making lifestyle choices that put them at risk and they are usually closely supervised. Accordingly, the risks for a victim of this age are largely driven by the custodial parent's lifestyle.

...snipped...

2. Domestic-Related Incident: This may include abduction and/or homicide. Typically, toddlers are the victims of an emotion-based event, i.e., anger or revenge. Since their exposure is limited to family or close associates of the family,
the greatest risk to their health and safety is likely to come from that same small universe of people. The vast majority of
child abductions/homicides of toddlers are committed by family members, followed by acquaintances, and the primary motivation is again, emotion-based, For-those incidents that end in the child's homicide, body disposal plans are usually not developed prior to the homicide, and offenders tend to dispose of the victims close to home in familiar areas. (Child Abduction: Aged-Based Analysis of Offender, Victim, and Offense Characteristics in 550 Cases of Alleged Child Disappearance, Boudreau, Lord,Dutra, 1998).

One type of domestic-related incident are false allegations of child abduction. The NCAVC is presently involved in a research project studying these crimes, wherein a parent or caregiver claims a child has been abducted or has "gone missing" in an attempt to cover up a homicide. The research has shown that there are two primary categories of victims in false allegation of child abduction cases: 1) children who have had a history of being physically abused, and 2) children who are "unwanted".

Typically those that have been a victim of chronic child abuse die as a result of a fatal child abuse incident. Children who are "unwanted" are usually killed because the offender views them as a liability, or as an obstacle to a relationship with the offender's partner. The following are some relevant findings from this study of false allegation 45 cases:

1. The biological mother was most often the offender.

2. In more than 1/3 of the cases, the victim had
been a target of previous physical abuse.

3. In more than 1/2 of cases, there had been a period of
separation between the victim and the offender.

4. There had been a change in the victim's family
within six months of the offense in more than half
of the cases.

5. Domestic problems around the time of the offense were noted in over 90% of the cases.

6. The vast majority of the victims would not have be been located if not for the offender's disclosure to police.
​

Two-year-old children present unique behavioral challenges that sometimes overwhelm young and/or inexperienced parents or care givers."The terrible twos" often come with temper tantrums and other behaviors that require a great deal of patience and parental self-control. Potty training is an activity that is associated with any two-year-old child's natural development. Unfortunately, depending on the level of maturity of the child, the training process can be prolonged. Pottytraining accidents can be frustrating and vexing, particularly for a parent prone to angry outbursts. During an interview with Melinda Duckett, SSA Canning, asked Melinda the status of Trenton's potty training. Melinda responded, "We tried it, but it went very badly."

Stranger abductions of two-year-olds are extremely rare. When they do occur, it is often in the context of a car
jacking. On the rare events when children are abducted from their residence, they are most often abducted by male offenders with a sexual motivation, and the victims are usually pre-teen or teenaged females.

http://www.orlandosentinel.com/media/acrobat/2010-05/53689314.pdf Pages 46-69
​

 

[LiveLaughLuv]

Among children under age 5 years in the United States who were murdered in the last quarter of the 20th century, 61% were killed by their own parents: 30% were killed by their mothers, and 31% by their fathers (1). Estimates by the Centers for Disease Control and Prevention for 1994 indicated that homicide was the fourth leading cause of death for preschool children and the third leading cause of death among children from ages 5–14 years (2). In the United States, the incidence of homicide of children less than 1 year old has increased over the past quarter-century (1). Compared to other developed nations, the United States has the highest rate of child homicide: 8.0/100,000 for infants, 2.5/100,000 for preschool-age children (age 1–4 years), and 1.5/100,000 for school-age children (age 5–14 years) (3). In contrast, Canada’s reported rate for homicide of infants was less than half that of the United States: 2.9/100,000 (3). Furthermore, multiple authors have suggested that rates of child murder by parents are underestimated in epidemiological studies of child death (4–6).

more at the link:
http://ajp.psychiatryonline.org/cgi/content/full/162/9/1578

 

[LiveLaughLuv]

Why Parents Kill Their Children
Filicide: The unthinkable offense
Pamela Kulbarsh, RN, BSW
2009 Sept 4
The country watched in horror and fascination as searchers looked for Caylee Marie Anthony, a 2-year-old reported missing in Florida. The toddler hadn’t been seen for a month before she was reported missing by her grandmother on July 15, 2008. Her mother, Casey Anthony, was indicted for first-degree murder on Oct. 14, 2008. Caylee’s body was found on December 11, 2008. The cause of the child's death is listed in the autopsy report as "homicide by undetermined means." If true, what would have made Casey kill her own daughter? What makes anyone kill their own child?

more at the link:
http://www.lawofficer.com/news-and-articles/columns/Kulbarsh/filicide.html

 

[LiveLaughLuv]

What are the signs and symptoms of Antisocial Personality Disorder?
The classic person with an antisocial personality is indifferent to the needs of others and may manipulate through deceit or intimidation. He or she shows a blatant disregard for what is right and wrong, may have trouble holding down a job, and often fails to pay debts or fulfill parenting or work responsibilities. They are usually loners.

People with antisocial personality disorder can be aggressive and violent and are likely to have frequent encounters with the law. However, some antisocial personalities may also possess a considerable amount of charm and wit.
http://www.healthyplace.com/persona...r/antisocial-personality-disorder/menu-id-62/

There is no single warning sign that can predict filicide, however, many stressors are usually present in a mother's life. These include but are not limited to a lack of friend, family or partner emotional support, financial problems, domestic abuse, jealousy, infidelity, and the break-up of a significant relationship.

Many single mothers can't handle the responsibilities of parenthood and feel overwhelmed trying to meet the expectations of their families or the unrealistic ones they have for themselves. Mothers may show signs of suicidal tendencies prior to filicide including anger, withdrawal, isolation, agitation, hopelessness, helplessness, mood swings and unusual sleeping patterns. In extreme cases, some women suffer from postpartum psychosis, a mental illness that develops a week or two after giving birth.

A mother will be more sensitive to stressors in relation to the number of risk factors she has for filicide, and how many stressors are occurring at the same time.

warning signs at link:
http://www.filicidepa.org/motherswarningsigns.html

 

[manatee]

Great stuff LLL!
Any stats on how many of the mothers plead "not guilty" all the way through?

 

[logicalgirl]

Fascinating thread! Thank you LiveLaughLuv for starting it and for your significant contribution of information so far. Really good stuff.

 

[LiveLaughLuv]

Great stuff LLL!
Any stats on how many of the mothers plead "not guilty" all the way through?

Fascinating thread! Thank you LiveLaughLuv for starting it and for your significant contribution of information so far. Really good stuff.

You're both very welcome..

I've only seen two so far as my googeling goes..LOL

Not guilty only by reason of insanity..must be documented proof..

http://webcache.googleusercontent.c...rs+plead+not+guilty&cd=29&hl=en&ct=clnk&gl=us

 

[LiveLaughLuv]

Insanity, and Insanity as a Defense

Stephen M. Raffle, M.D.

Tel. 415.461.4845

Contact us

Curriculum Vitae
By Stephen M. Raffle, M.D.

Insanity is a legal concept, not a medical diagnosis. Historically, the Sharia, in Moslem law, may be the earliest example of a lesser punishment of a person who commits a homicide while in an altered mental state. Both children and “lunatics” are considered unable to intend to kill another and so a homicide by either was deemed unintentional, punishable only by a fine. Intentional or unintentional homicide is punishable by death.

more
http://www.psychiatristexpertwitness.com/expert-topics/insanity

 

[MD MOMMY]

These are the types of expert witnesses the state should use in response to Ms. Lyon's expert witness!

Yeah if only the state would be given the opportunity to be "noticed" of the witnesses first LOL.

 

[Roze]

There are factors in Caylee's case that are VERY similar to the disappearance of Trenton Duckett in 2006. From the Federal Bureau of Investigation's case analysis of Trenton's disappearance:

Typically, two-year-olds are considered at low risk to become victims of abduction, largely because they are not making lifestyle choices that put them at risk and they are usually closely supervised. Accordingly, the risks for a victim of this age are largely driven by the custodial parent's lifestyle.

​

(respectfully snipped)

Two quotes from Melinda Duckett and KC Anthony that are eerily similar.

MELINDA: That is part of the reason why I am so determined to stay on track now. I have had a few distraught and overly emotional moments in public, but if my eyes are shut with tears, they're not open to look for him.

KC Anthony: Because I’m not sitting here ****ing crying every two seconds. Because I have to stay composed to talk to detectives, to make other phone calls, to do other things. I can’t sit here and be crying every two seconds like I want to. I can’t.​

​

 

[Macushla]

(respectfully snipped)

Two quotes from Melinda Duckett and KC Anthony that are eerily similar.

MELINDA: That is part of the reason why I am so determined to stay on track now. I have had a few distraught and overly emotional moments in public, but if my eyes are shut with tears, they're not open to look for him.

KC Anthony: Because I’m not sitting here ****ing crying every two seconds. Because I have to stay composed to talk to detectives, to make other phone calls, to do other things. I can’t sit here and be crying every two seconds like I want to. I can’t.​

This is flat out eerie. I doubt KC ever paid any attention to the Trenton Duckett case, I would be surprised if she watched any news or read any newspaper. these two statements ARE very similar and it really made me sit back and go wow! Thank you so much for catching this.

 

[manatee]

You're both very welcome..

I've only seen two so far as my googeling goes..LOL

Not guilty only by reason of insanity..must be documented proof..

http://webcache.googleusercontent.c...rs+plead+not+guilty&cd=29&hl=en&ct=clnk&gl=us

yes, I have not been able to locate one that was "not guilty" without the insanity defense. Could she be the only one?

 

[logicalgirl]

Were you asking for not guilty decisions by the judge or jury or mothers who pled not guilty but were convicted anyhow?

I am loving these statistics! As horrendous at these cases are, it is good to be able to read that ICA's case really isn't unique at all. I also think a lot of people who want the death penalty will be satisfied with LWOP, if that's the way it has to be.