Infanticide

Infanticide in Preliterate Societies

Although the study of crime in general has been relatively neglected with respect to preliterate societies, infanticide has been reasonably well-documented. Perhaps this is because infanticide was especially abhorrent [Page 889]to the missionaries, travelers, and ethnographers who studied these societies, and therefore, they made note of it. Several surveys suggest that infanticide, although rare in nearly all societies, was practiced in more than half and perhaps in as many as 75 percent of preliterate societies. Because members of these societies lacked modern forms of birth control, infanticide served that purpose in many societies. Infanticide was used most often to dispose of infants who were the product of illegitimate conception (as a result of adultery or, rape or to an unwed mother) or who could not be supported by the family because the infant was one of a multiple birth, the infant was ill or handicapped, or there were simply too many children already in the family. In general, girls were more likely to be disposed of than boys, although the sex of the infant alone was justification for disposal in only a minority of societies. The infant was usually disposed of before any formal birth or naming ceremony (that is, before he or she was recognized as a member of the community), and the mother usually carried out the infanticide of her child.

Types of Infanticide

There are two types of infanticide in modern, industrialized nations. Medical infanticide occurs when an imminent, painful death is medically expedited for a malformed or terminally ill infant (aged twelve months and younger). Criminal infanticide occurs when an infant dies as the result of action or inaction by another person. The difference between medical infanticide (a form of euthanasia) and criminal infanticide is a complex issue, one that continues to challenge legal and medical scholars as well as religious and political leaders.

A BRIEF HISTORY of INFANTICIDE LAW

Until the late twentieth century, prosecution of infanticide fell under the rubric of homicide laws—such as manslaughter, first-degree murder, and murder by omission. Since 1990, most countries have adopted various “injury to child” laws, which drops the requirement that the prosecution prove intent to harm. In effect, these laws stipulate that causing injury to a child under a certain age, such as fourteen, is the fault of the caretaker, regardless of the parent or caretaker's intention. This means that labeling the injurious event an accident is not always an effective legal defense. Along with easing the prosecution's burden in obtaining convictions for infanticide, this law also increases pressure on parents and caretakers to better supervise children. In cases in which the injury to child laws do not apply, homicide laws are still utilized.

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