Infanticide - Definition - Law Dictionary Home Dictionary Definition infanticide

Definition :

Infanticide, means (1) The act of killing a newborn child, esp. by the parents or with their consent, in archaic usage, the word referred also to the killing of an unborn child. Also termed child destruction; neonaticide. (2) The practice of killing newborn children. (3) One who kills a newborn child, Black's Law Dictionary, 7th Edn., p. 781.

Infanticide, the killing of a child immediately after it is born. The felonious destruction of the feticide, or criminal abortion.

In every case in which an infant is found dead, and its death becomes the subject of judicial investiga-tion, the great questions which present themselves for inquiry are:-

(1) What is the age of the child?

(2) Was the child born alive?

(3) If born alive, how long had it lived?

(4) If born alive, by what means did it die?

If it be proved that its death was owing to violence, it is then to be ascertained who the murderer of it is. If suspicion fall upon the mother, it is to be determined--

(1) Whether she has been delivered of a child; and,

(2) Whether the signs of a delivery correspond as to time, etc., with the appearances developed in the child.

There are two ways in which a child may be born alive: (1) The cord may be pulsate, showing that it is alive, yet it may not respire. (2) It may be born and respire.

When a child is born alive, but has not yet respired, its condition is like that of the f'tus in utero. It lives merely because the f'tal circulation is still going on. In this case none of the organs undergo any change. The case of a child who is born alive and respires is tested by respirations. The proofs of this test are deduced from the changes which take place in the system as soon as respiration commences.

See this subject fully discussed in Taylor's Med. Jur. cc. xxxviii. Et seq.; and Guy's Foren. Med. 118 et seq.

The (English) Infanticide Act, 1922 (12 & 13 Geo. 5, c. 18), provides that where a woman who has not fully recovered from the effect of giving birth to a child so that the balance of her mind is still dis-turbed causes the death of such newly-born child, she shall be guilty of infanticide (and not murder) and punishable as for manslaughter. The jury may, however, find the woman guilty of concealment of birth under (English) Offences against the Person Act, 1861 (24 & 25Vict. c. 100), s. 60, or of an offence under the (English) Children and Young Persons Act, 1933 (23 Geo. 5, c. 12), s. 1, or child destruction, under (English) Infant Life (Preservation) Act, 1929 (19 & 20 Geo. 5, c. 34)