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):
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."
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...
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."