A Crime of Its Own? A Proposal for Achieving Greater Sentencing Consistency in Neonaticide and Infanticide Cases

Abstract

There is currently an area in the criminal law — the application of murder statutes to infanticide cases — that has notably inconsistent sentences, which range from parole to the death penalty. Many judges have remarked on the risks of inconsistent sentencing, and the criminal system has generally avoided such sentencing consistencies. Without recommending a particular sentence, and in the interest of sentencing consistency, this article suggests the statutory separation of infanticide from general murder, as is done in England. The family law perspective of this article, a unique viewpoint in the area of criminal law, supports this proposition.