Insanity defense hard to prove in Minnesota (baby-killer mom)

The RED Star Tribune ^ | August 7, 2003 | Paul Gustafson

[coder2]

It is difficult in any state for mothers such as Mine A. Ener, who was charged Tuesday in St. Paul with murdering her 6-month-old daughter, to use postpartum depression as the basis for an insanity defense, experts say.

But nowhere is an insanity defense more difficult to win than in Minnesota, which uses a 19th-century British standard known as the M'Naghten rule. It says only people who do not know right from wrong or who do not understand the nature of their acts can be found not guilty by reason of mental illness.

That means it would be almost impossible to use postpartum depression as a defense in Minnesota unless the depression caused severe psychotic reactions such as delusional beliefs, said Eric Janus, a professor at William Mitchell College of Law in St. Paul.

Because M'Naghten sets standards only for what a person understood, it does not take into consideration illnesses such as postpartum depression, which is considered an impairment of mood, Janus said.

(Link to the rest of the article)

[coder2]

But he holds out little hope that the M'Naghten rule will be changed either by Minnesota judges or legislators. "We're not a humanistic society. We're a very crass society," he said.

HUH ???? Minnesota is probably one of the most lenient states in prosecuting crime --- although I do believe that may be changing !!!

[Steelerfan]

This is news to these guys? Last time I looked, more than 30 states used the rule. Truman Capote argued it was unfair in "In Cold Blood"

[joesnuffy]

Sane enough to function in every other area except being a loving mom...?
But "insane" enough to escape punishment?...
This creature needs to be put down...imo

[coder2]

You hit the nail right on the head !!!

With my youngest, I had a mild case of PPD, but what complicated matters, is that she had severe colic for almost 6 months.. All day, every day, screaming & fussing...

Never once did I consider "putting her out of her misery" -- as this woman phrased it...

It's way too easy to use the insane defense to get away with killing your child.

[freebilly]

Her defense should have argued that it was a very late term abortion.

[MD_Willington_1976]

it does not take into consideration illnesses such as postpartum depression, which is considered an impairment of mood

Give here an impairment of resistance to electrical current...Let her ride the Lightning straight to hell...

[coder2]

Her defense should have argued that it was a very late term abortion.

Give 'em time, I'm sure they will try that...