NCJ Number
212133
Journal
Criminal Justice Studies: A Critical Journal of Crime, Law and Society Volume: 18 Issue: 3 Dated: September 2005 Pages: 237-254
Date Published
September 2005
Length
18 pages
Annotation
This article explores how the legal realities during the 17th through 19th centuries had the unintended consequence of encouraging neonaticide.
Abstract
An important aspect of victimology is the study of how laws may unintentionally increase victimization rather than reduce it. This article focuses on exploring the legal realities and social conditions from the 17th to the 19th centuries that served to encourage women, particularly unmarried women, to conceal their pregnancies and kill their newborns. The author analyzes laws that authorized the negative treatment of illegitimate children and their mothers within a society characterized by high marital instability, relatively unrestrained sexuality, and high numbers of illegitimate children. The harsh punishment of female fornicators during this time period, consisting of such punishments as whipping and imprisonment, is also analyzed as a subtle encouragement for neonaticide, followed by an examination of the harsh realities endured by indentured servants. Once the most common form of homicide in England, changes in laws and social arrangements have reduced the incidence of neonaticide greatly by eliminating many of the motivating factors for concealing a pregnancy and killing a newborn. Future research should continue to explore the unintended consequences of law. Notes, case, statutes, references