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University of Miami Race & Social Justice Law Review

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Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo May 2022

Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo

University of Miami Race & Social Justice Law Review

Children are often regarded as the most sacred beings in all of society—appealing to our collective sense of human dignity and protecting the most vulnerable. Mothers fiercely protecting their young children from perceived dangers is ostensibly a natural and moral response. This notion of the loving mother is in stark contrast to filicide, or the act of a parent murdering their child. It is a bedrock principle of the American criminal-justice system that a defendant is not responsible for their actions if the defendant was “laboring under such a defect of reason, from a disease of the mind, as not …