WDW101Y1 Lecture : WDW365 TH Oct 27.docx
Document Summary
Criticism of the justice system leading from 1922 act eugenics movement. Wdw365 s. 237 registers homicide, criminal responsibility, but in relation to a murder conviction, it is strongly mitigated with a maximum of 5 years (raised from 3) Infanticidal woman is not disturbed in the same way that would allow her to plead insanity; her insanity arises from the stresses of child-birth and of exhaustion from lactation. Argument: singles out women as capable of getting this mitigation, unlike fathers who may do the same thing. Links that mitigation specifically to the idea that normal physiological processes (lactation, childbirth) cause women to become mentally unsound. Criticized as the most clear-cut example in law of the medicalization of women"s deviance. Insanity needed in order to understand why women are deviant; like they are incapable. Women"s reproductive bodies feed to the idea that they are more emotionally unstable, less rational than men.