Postpartum depression as defence against criminal liability

The dissertation addresses the phenomenon of postpartum depression (and especially its most severe form of postpartum psychosis) against the backdrop of the defense of pathological criminal incapacity (the defense of mental illness, also known as insanity defense) the submission is made that, in the instance where a mother with postpartum depression, and especially postpartum psychosis causes the death of her infant or child such an accused could raise the defense of mental illness. This is due to the impact of the affliction on her mental facilities caused by the condition she was suffering from at the time of causing the death of her infant or child, such condition could render her incapable of distinguishing between right and wrong to act in accordance with such appreciation. If she can prove this, she cannot be held criminally liable for her actions, due to the absence of the required means rea element