Editing Infanticide (section)

===United States===
{{Further|Born-Alive Infants Protection Act|Born alive laws in the United States}}

While legislation regarding infanticide in some countries focuses on rehabilitation, believing that treatment and education will prevent repetitive action, the United States remains focused on delivering punishment. One justification for punishment is the difficulty of implementing rehabilitation services. With an overcrowded prison system, the United States can not provide the necessary treatment and services.<ref>{{Cite journal|last=Spinelli|first=Margaret G.|date=September 2004|title=Maternal Infanticide Associated With Mental Illness: Prevention and the Promise of Saved Lives|journal=American Journal of Psychiatry|volume=161|issue=9|pages=1548–57|doi=10.1176/appi.ajp.161.9.1548|pmid=15337641|issn=0002-953X}}</ref>

==== State legislation ====

In 2009, [[Texas]] state representative [[Jessica Farrar]] proposed legislation that would define infanticide as a distinct and lesser crime than [[homicide]].<ref>{{Cite web|url=http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/032209dnmetinfanticide.3030173.html|archive-url=https://web.archive.org/web/20100417132305/http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/032209dnmetinfanticide.3030173.html|title=Proposed Texas House bill would recognize postpartum psychosis as a defense for moms who kill infants|archive-date=April 17, 2010}}</ref> Under the terms of the proposed legislation, if jurors concluded that a mother's "judgment was impaired as a result of the effects of giving birth or the effects of lactation following the birth," they would be allowed to convict her of the crime of infanticide, rather than murder.<ref name="When Infanticide Isn't Murder">{{cite news |url=http://www.huffingtonpost.com/jacob-m-appel/when-infanticide-isnt-mur_b_279703.html |title=When Infanticide Isn't Murder |publisher=Huffingtonpost.com |access-date=2013-07-18 |date=8 September 2009 |archive-date=12 March 2017 |archive-url=https://web.archive.org/web/20170312074814/http://www.huffingtonpost.com/jacob-m-appel/when-infanticide-isnt-mur_b_279703.html |url-status=live }}</ref> The maximum penalty for infanticide would be two years in prison.<ref name="When Infanticide Isn't Murder"/> Farrar's introduction of this bill prompted liberal bioethics scholar [[Jacob M. Appel]] to call her "the bravest politician in America".<ref name="When Infanticide Isn't Murder"/>

==== Federal legislation ====

The ''MOTHERS Act'' ('''M'''oms '''O'''pportunity '''T'''o access '''H'''ealth, '''E'''ducation, '''R'''esearch and '''S'''upport), precipitated by the death of a Chicago woman with postpartum psychosis was introduced in 2009. The act was ultimately incorporated into the ''[[Patient Protection and Affordable Care Act]]'' which passed in 2010. The act requires screening for postpartum mood disorders at any time of the adult lifespan as well as expands research on postpartum depression. Provisions of the act also authorize grants to support clinical services for women who have, or are at risk for, postpartum psychosis.<ref>{{Cite journal|last1=Rhodes|first1=Ann M.|last2=Segre|first2=Lisa S.|date=August 2013|title=Perinatal depression: a review of US legislation and law|journal=Archives of Women's Mental Health|volume=16|issue=4|pages=259–70|doi=10.1007/s00737-013-0359-6|issn=1434-1816|pmc=3725295|pmid=23740222}}</ref>