A new blogger that I've been reading, Zachary Adams, offers unique perspective on the horrible story that I wrote about in my earlier post (the post is
here and the addendum to the post is
here). His posts inspired me to go over and
read the actual Memorandum. He points out that Ms. Effert was still found guilty, and that she must notify the court again if she becomes pregnant and has a court-mandated psychiatric evaluation and a suspended jail sentence (I'll admit I don't know what the point of a "suspended jail sentence" is when the person doesn't actually go to jail.. maybe Thomist can shed some light on that one? I did ask him to read it since he's about 1000x better at understanding these things than I am... and I'm sure his approach and response will be very different, although I doubt any less disgusted...).
The Memorandum certainly got me thinking.
I wasn't comforted by what I read. Instead, it shed a little bit of light on how these laws were possibly formed and why there's a problem with the legal system when it comes to cases like this. Because I think few would argue that a woman could deliver her baby, strangle it with her underwear, throw it outside where it was exposed to the elements and then face
no jail time for her crime (and yet be well enough not to be headed to an asylum of some sort).
Here were the points that stood out to me (with my comments in red):
“The appellant argues that the verdict
is unreasonable, in that no reasonable jury, properly instructed and acting
judicially, could have found second-degree murder: R. v. Biniaris,
2000 SCC 15
(CanLII), 2000 SCC 15, [2000] 1 S.C.R. 381. She argues that on the
evidence presented her crime can be nothing more than infanticide. Both of the
experts who testified at the trial supported the position of the appellant that
“her mind was disturbed” at the time…”
Okay this jumped out first because of the phrase "nothing more than infanticide." When one says it is "nothing more than infanticide," one acts as if infanticide is hardly a crime. And the sentence seems to agree with this, being as the consequences, when compared with the crime really are little more than a slap on the wrist. Language influences our perception of the world around us and these four words are very telling.
The other part that stood out was the claim that "her mind was disturbed" at the time of the murder. The first thought that came to mind when I read this was that most people who kill other people could probably say that "their mind was disturbed" when they did committed murder (if they aren't complete sociopaths). That doesn't mean they get a "get out of jail free card."
“Dr. Singh admitted he had little
experience with infanticide, and his opinion was based heavily on statements
made to him by the appellant, which were arguably contradicted by other
evidence on the record, particularly the statements she gave to the police
about what happened. Further, his methodology had been challenged during
cross-examination…”
So her story later on contradicted the story she told the police originally... but the expert, who had "little experience" with this sort of thing, decided to go with the later statements that she made after plotting the strategy of her insanity defense...
“33. A female person commits
infanticide when by a wilful act or omission she causes the death of her newly‑born child, if at the time of the act or omission she is not
fully recovered from the effects of giving birth to the child and by reason
thereof or of the effect of lactation consequent on the birth of the child her
mind is then disturbed.”
Seriously? You can worm your way out of murder because of "the effect of lactation."
In my opinion, this really gives us some broader insight into this entire law and the way much of society in the West views children. Here's the demonically influenced slant we've seen regurgitated in recent years: Children are a burden. Getting pregnant is the worst thing that can happen to a woman. It will ruin her life. Her life will be over. In light of this way of thinking, being driven crazy is a logical result of childbirth (I know postpartum psychosis is real, but I think it's also a very real possibility that this woman, who had a story and changed it, could have decided to kill her child).
I also have to wonder: if this woman is so sick and so severed from reality that she killed her own child and tossed it out like garbage, should she be out walking around? Shouldn't she be committed for her own safety and the safety of others? If her mind really is so "disturbed."
And a concurring decision that says:
Nonetheless, as my colleagues have
noted, Parliament has created a special offence, infanticide, which recognizes
that the moral blameworthiness of the act is reduced when it is committed by a
new mother whose mind was disturbed at the time of the killing. Infanticide
will often be difficult to advance in response to a murder charge, as it will
invariably rely on expert evidence that attempts to reconstruct and explain
what is, in the final analysis, almost inexplicable. The Supreme Court of
Canada in R. v. Molodowic, 2000 SCC 16
(CanLII), 2000 SCC 16, [2000] 1 S.C.R. 420, has recognized that
juries may receive such evidence with “unjustified skepticism.”
It's not inexplicable, it's murder. It's valuing our own existence and ease of lifestyle so far over someone else's that we think it's okay to take their life, just as is often the case with abortion. It's evil, incredible evil, staring us in the face, and we excuse it, and say that "she just had a really tough time" and let her go on her way. And it is the result of the devaluing of human life to such a point that it's excusable.
I was more disturbed to find that there was a precedent for this and that it's apparently the law up north when something like this happens... even if a jury doesn't believe that it was the case...
I do appreciate reading your point of view Zachary (and I suggest you all head over and read it too, because his explanation will show you a different side, which you can consider). And I hope you don't think I've sensationalized this. That wasn't my intent at all. Instead I think we all need to take a good hard look at how life, born and unborn, is viewed in our world. The idea that bringing a child into this world is so horrible that this result is excusable (or at least merits only monitoring) is deeply disturbing.
We all know that there are laws that are unjust (for example the ones that let us kill the unborn). This one, which says that infanticide is wrong, but let's the mother out without a jail sentence, can certainly be added to the roll.