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Murder, Medicine and Motherhood

Author: Emma Cunliffe

Publisher: Bloomsbury Publishing

Published: 2011-05-27

Total Pages: 246

ISBN-13: 1847316603

Since the early 1990s, unexplained infant death has been reformulated as a criminal justice problem within many western societies. This shift has produced wrongful convictions in more than one jurisdiction. This book uses a detailed case study of the murder trial and appeals of Kathleen Folbigg to examine the pragmatics of proof beyond a reasonable doubt. It explores how legal process, medical knowledge and expectations of motherhood work together when a mother is charged with killing infants who have died in mysterious circumstances. The author argues that Folbigg, who remains in prison, was wrongly convicted. The book also employs Folbigg's trial and appeals to consider what lessons courts have learned from prior wrongful convictions, such as those of Sally Clark and Angela Cannings. The author's research demonstrates that the Folbigg court was misled about the state of medical knowledge regarding infant death, and that the case proceeded on the incorrect assumption that behavioural and scientific evidence provided independent proofs of guilt. Individual chapters critically assess the relationships between medical research and expert testimony; the operation of unexamined cultural assumptions about good mothering; and the manner in which contested cases are reported by the press as overwhelming.

Blaming Mothers

Author: Linda C. Fentiman

Publisher: NYU Press

Published: 2019-05-01

Total Pages: 435

ISBN-13: 1479867187

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A gripping explanation of the biases that lead to the blaming of pregnant women and mothers. Are mothers truly a danger to their children’s health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby’s father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who “fail to protect” their children. In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of “fetal protection” including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children’s health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children’s injuries. Blaming Mothers is a powerful call to reexamine who - and what - we consider risky to children’s health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America’s children. Read a piece by Linda Fentiman on shaming and blaming mothers under the law on The Gender Policy Report.

Murder, Medicine and Motherhood

Author: Emma Cunliffe

Publisher: Hart Publishing

Published: 2024-06-13

Total Pages: 0

ISBN-13: 1509974148

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The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children's deaths. Two subsequent inquiries examined Folbigg's convictions. In 2019, Commissioner Blanch concluded that Folbigg's guilt was “even more certain” than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the “firm view” that “reasonable doubt exists as to Folbigg's guilt.” This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law's fact-finding processes and the legal system's adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women's credibility and demeanour.

Bitter Almonds

Author: Gregg Olsen

Publisher: Macmillan

Published: 2007-04-01

Total Pages: 586

ISBN-13: 1429907517

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Stella Nickell's small-time world was one of big-time dreams. In 1986, her biggest one came true when her husband died during a seizure, making her the beneficiary of a $175,000-plus insurance payoff—until authorities discovered Bruce Nickell's headache capsules had been laced with cyanide. In an attempt to cover her tracks, Stella did the unconscionable. She saw to it that a stranger would also become a "random casualty" of cyanide-tainted painkillers. But Stella's cunning plan came undone when her daughter Cynthia notified federal agents. And troubling questions lingered like the secret of bitter almonds... What would turn a gregarious barfly like Stella into a cold-hearted killer overnight? Why would Cynthia, a mirror image of her mother, turn on her own flesh and blood? Did Cynthia reveal everything she knew about the crimes? The stunning answers would unfold in a case that sparked a national uproar, dug deep into a troubled family history, and exposed an American mother for the pretty poison she was. Gregg Olsen's Bitter Almonds is true crime writing at its best.

Policing the Womb

Author: Michele Goodwin

Publisher: Cambridge University Press

Published: 2020-03-12

Total Pages: 339

ISBN-13: 110703017X

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In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

Lady Lushes

Author: Michelle L. McClellan

Publisher: Rutgers University Press

Published: 2017-11-30

Total Pages: 254

ISBN-13: 0813577004

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According to the popular press in the mid twentieth century, American women, in a misguided attempt to act like men in work and leisure, were drinking more. “Lady Lushes” were becoming a widespread social phenomenon. From the glamorous hard-drinking flapper of the 1920s to the disgraced and alcoholic wife and mother played by Lee Remick in the 1962 film “Days of Wine and Roses,” alcohol consumption by American women has been seen as both a prerogative and as a threat to health, happiness, and the social order. In Lady Lushes, medical historian Michelle L. McClellan traces the story of the female alcoholic from the late-nineteenth through the twentieth century. She draws on a range of sources to demonstrate the persistence of the belief that alcohol use is antithetical to an idealized feminine role, particularly one that glorifies motherhood. Lady Lushes offers a fresh perspective on the importance of gender role ideology in the formation of medical knowledge and authority.

Motherthing

Author: Ainslie Hogarth

Publisher: Vintage

Published: 2022-09-27

Total Pages: 249

ISBN-13: 0593467035

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A NEW YORK TIMES BEST BOOK OF THE YEAR • A darkly funny take on mothers and daughters, about a woman who must take drastic measures to save her husband and herself from the vengeful ghost of her mother-in-law. “A quirky, gruesome, utterly original feminist horror experience.” —The New York Times Book Review When Ralph and Abby Lamb move in with Ralph’s mother, Laura, Abby hopes it’s just what she and her mother-in-law need to finally connect. After a traumatic childhood, Abby is desperate for a mother figure, especially now that she and Ralph are trying to become parents themselves. Abby just has so much love to give—to Ralph, to Laura, and to Mrs. Bondy, her favorite resident at the long-term care home where she works. But Laura isn’t interested in bonding with her daughter-in-law. She’s venomous and cruel, especially to Abby, and life with her is hellish. When Laura takes her own life, her ghost haunts Abby and Ralph in very different ways: Ralph is plunged into depression, and Abby is terrorized by a force intent on destroying everything she loves. To make matters worse, Mrs. Bondy’s daughter is threatening to move Mrs. Bondy from the home, leaving Abby totally alone. With everything on the line, Abby comes up with a chilling plan that will allow her to keep Mrs. Bondy, rescue Ralph from his tortured mind, and break Laura's hold on the family for good. All it requires is a little ingenuity, a lot of determination, and a unique recipe for chicken à la king…