Susan Benjamin Feingold, Barry M. Lewis
Advocating for Women with Postpartum Mental Illness
A Guide to Changing the Law and the National Climate
Susan Benjamin Feingold, Barry M. Lewis
Advocating for Women with Postpartum Mental Illness
A Guide to Changing the Law and the National Climate
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Complete with case studies and the authors' experiences in changing the law in their own state of Illinois, this book is a necessary resource for furthering dialogue and action around maternal mental illness.
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Complete with case studies and the authors' experiences in changing the law in their own state of Illinois, this book is a necessary resource for furthering dialogue and action around maternal mental illness.
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Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Produktdetails
- Produktdetails
- Verlag: Rowman & Littlefield Publishers
- Seitenzahl: 256
- Erscheinungstermin: 2. März 2020
- Englisch
- Abmessung: 235mm x 157mm x 20mm
- Gewicht: 571g
- ISBN-13: 9781538129852
- ISBN-10: 153812985X
- Artikelnr.: 58023482
- Verlag: Rowman & Littlefield Publishers
- Seitenzahl: 256
- Erscheinungstermin: 2. März 2020
- Englisch
- Abmessung: 235mm x 157mm x 20mm
- Gewicht: 571g
- ISBN-13: 9781538129852
- ISBN-10: 153812985X
- Artikelnr.: 58023482
Susan Benjamin Feingold, PsyD is a licensed clinical psychologist who has specialized for over 25 years in women's mental health issues related to reproductive function, including pregnancy and postpartum depression and anxiety disorders. She is the author of the book, Happy Endings, New Beginnings: Navigating Postpartum Disorders, a legal advocate, and an adjunct professor at Illinois School of Professional Psychology. She is the recipient of The 2018 Maternal Mental Health Innovation Award in Policy and Advocacy, as well as The 2016 Distinguished Alumni Award for Work in Perinatal Issues and Women's Health. She serves on the President's Advisory Council for Postpartum Support, International. Dr. Feingold presented expert testimony on Illinois PA 100-0574 in the House Judiciary-Criminal Committee and in the Senate Criminal Law Committee, resulting in its unanimous passage in the committees, in the House, and near unanimous passage in the Senate. PA 100-0574 is the first criminal law in the nation to recognize the effects of postpartum depression and psychosis.
PrefacePrologue (Barry)Introduction (Susan): Explains the importance of
understanding postpartum disorders and postpartum psychosis in order to
change laws and transform the national climate Part I: Understanding and
Treating Women with Postpartum PsychosisChapter 1: Perinatal Mental Illness
is a Serious Risk to Women and Families (Susan)Differentiation between
postpartum depression and the rare, most serious form of the illness,
postpartum psychosis (PPP). An explanation of the signs and symptoms, risk
factors and prevalence of various postpartum disorders from the mildest
baby blues to postpartum depression and the most severe, postpartum
psychosis. Includes information distinguishing the various subtypes of
postpartum mood disorders, the most common complication of childbirth,
affecting nearly a million sufferers each year. While PPP is less common
than postpartum depression, it accounts for hundreds of infanticides and
suicides, many of them notorious. Many are the result of "altruistic
infanticides" or "command hallucinations" and there is an urgency to treat
this illness as a crisis and an emergency situation to prevent possible
dreadful outcomes.Finally give the case in my practice where a phone call
by a husband, and my quick response averted a potential tragedy. Chapter 2:
The Silence and Stigma that is a Deadly Combination for those with
Postpartum Psychosis (Susan)Education and early intervention are critical
to prevent catastrophic outcomes. Conversely the caveat in order to have
this happen is for the woman and family to disclose signs and symptoms to
both healthcare and mental health professionals. Yet the stigma of serious
mental health problems and fear of being regarded as a "bad mother" leads
to silence which often does not encourage openness but rather a wall of
silence and shame. Discuss the poignant story of Cynthia Wachenheim. This
chapter is planned to include an interview with her sister, Karen who
became an Advocate for PPP and Board Member of Postpartum Support,
International. This is a great case to de-stigmatize women who get PPP, as
Cynthia was a brilliant attorney and well-respected lawyer in NYC, who
wrote position papers for judges, yet left an incoherent suicide note.
Tragically, she strapped her infant child to her chest and jumped from her
8th floor apartment to their mutual intended death. This was to protect her
child from a lifetime of suffering from what she believed were his
disabilities. These disabilities existed only in her delusional mind. She
landed on her back, dead, and the child protected by her mother's dead body
suffered only mild injuries. If Cynthia's family had only understood what
was happening to her, that she was having psychotic delusional thoughts
about her son, they might have been able to save her by having her
hospitalized. Legally, it is also an example of a case that could have been
tried in the courts had Cynthia survived and the infant died instead. With
the present laws it is likely she would have been charged with murder and
spent years or a lifetime in prison. Chapter 3: The Legal Implications of
Postpartum Illness in the Criminal Justice System (Barry)The risk of
neonaticide and infanticide, although only a small number of those with
PPP, are dealt with in the justice system. These women though treated like
any other homicide in the U.S. are different, as they are suffering from a
severe mental illness that is unique to childbirth. In the UK there have
been infanticide laws since 1938, and similar laws exist in 30 other
countries. A brief history of the law and the limitations of current laws
regarding insanity and PPD/PPP. A discussion of the law of murder, and the
limitations of current laws regarding the insanity defense and postpartum
disorders like severe postpartum psychosis. A particular fact of importance
to the legal system is how the psychosis waxes and wanes, and can appear
suddenly. This can have tremendous effects on the outcome in the legal
system, and makes this illness unique and difficult to defend. The law is
inconsistent in the U.S. and varies from state to state and cases are
treated differently in different parts of the country. Some women have been
given probation whereas there are states where a woman may be given life in
prison without the possibility of parole or even the death penalty. Discuss
the case of Andrea Yates of Texas. Yates drowned her five children, as a
result of her delusional religious beliefs and "command" hallucinations.
Andrea had been a valedictorian of her high school, had a career in nursing
which she ultimately gave up as a deeply religious person to raise and home
school her five children. This case is cited as a successful use of the
insanity defense. However, it was only possible to establish that defense
after a retrial occasioned by the discovery of false, possibly perjurious,
testimony at the first trial. Many Texans were outraged by the outcome and
called for the death penalty for Andrea. The issue of "knowing" right from
wrong is critical. While the witness for the prosecution testified that
Yates was responsible for the deaths of her children because she knew right
from wrong at the time of the act (Grinfield 2002), the expert for the
defense testified, "even though she knew it was against the law, she did
what she thought was right in the world she perceived through her psychotic
eyes at the time" (Spinelli, 2003). Yates motivation was to kill the
children before they would reach the age where they could, and would, be
sent to hell for eternity; an example of what is known as "altruistic
filicide" where a mentally ill mother kills her children ultimately to save
them. Chapter 4: Laws of Neonaticide and Infanticide in Countries outside
the U.S (Barry) Discussion of the UK's British Infanticide Law of 1922 and
how this evolved into The Infanticide Act of 1938. Discussion of postpartum
criminal laws of infanticide in 30 other countries. How in 2009 Texas tried
to introduce legislation similar to the British Infanticide Law but failed
to gain any traction and was defeated. Discuss the case of Carol Coronado
of California. She stabbed her three children to death, and tried to kill
herself. Coronado spent a lifetime suffering from mental illness. The day
of the murders her behavior was bizarre. The prosecution's first hired gun
refused to find her sane, and opined in fact she was insane. The
prosecution's second hire testified she may have been "mildly depressed" at
times. A criminal court judge found her sane and sentenced her to three
consecutive life terms plus three years, saying she needs mental health
treatment--she can get that in the penitentiary. Had Carol lived in the UK
or 30 other countries, she would have likely been charged with a
misdemeanor and served 6 or less years in the penitentiary or she might
have been sent to a mental health facility instead for psychiatric
treatment instead of a life in prison. Part II: Advocating for Women with
Postpartum PsychosisChapter 5: PA 100-0574 Illinois' New Postpartum Law and
our Role in the Process (Susan) Discuss how it all started with Bill Ryan
and HB1764 to eventually become the first law in the nation identifying PPD
and PPP as "mitigating factors" in sentencing. How we got involved and why
we had to persist to usher the legislation each step of the way to become a
law on June 1st 2018. Also, discuss what the new Illinois law, PA100-0574:
what it is, what it does and does not accomplish. Until the passage of
PA100-0574, only executive clemency and a pardon from the Governor was
available to incarcerated women in IL who had long or life-time sentences.
An example of an IL woman who was granted executive clemency is included in
this chapter. It is the story of Debra Gindorf, who attempted suicide and
killed her two children in 1985, an example of "altruistic filicide" during
an episode of postpartum psychosis. Susan served as an expert witness who
testified before the prison review board in 2002. Gindorf was finally
released with a pardon from the Governor in 2009. Chapter 6: Letters from
Illinois Prisoners: Assistance toward Re-sentencing (Susan and Barry) We
have received letters from about 10 women in Logan Correctional Center
thanking us and hoping for release following decades of incarceration. This
is a first step toward a more responsible set of laws which would consider
this a disease, exemplified by the British Infanticide Act. The 10 women
incarcerated in IL who have contacted us, plan to file for re-sentencing
hearings since PA 100-0574 passed. This chapter may tell the story of one
or two of these women, and may include interviews with a few of these
incarcerated women. Chapter 7: The Steps for Professionals to Advocate and
Enact Legal Change (Susan and Barry) This chapter will provide a specific
set of steps to pass postpartum and other legislation. We are currently
consulting with advocates and legislators in MA who are planning to be roll
out PPP legislation in 2019. Our goal with PA100-0574 was to start with
Illinois, but continue this endeavor with legislation throughout the
nation. There is discussion of the importance of the correct name for
legislation to garner a law the public will support. Discussion will
include ways to appeal to mental health professionals as well as defense
attorneys to sponsor legislation and promote change through legal advocacy.
This chapter is planned to include interviews with the state sponsors of IL
PA 100-0574, Representative Linda Chapa LaVia and Senator Toi Hutchinson.
Chapter 8: Working with Local Issues, State and Federal Laws for Change
(Barry and Susan) This chapter will discuss ideas for getting involved with
change on a local level, as well as how to enact legislative changes on the
state and federal level. Discussion of advocacy training will be included,
such as provided by Restore Justice, an Illinois group that has decades of
experience educating and leading criminal justice reform work in Illinois.
Chapter 9: How to Partner and Work with Influential Organizations (Susan
and Barry) This chapter will focus on garnering support from influential
organizations and like-minded individuals to support and implement your
proposed legislation. In the case of PA 100-0574, The Center on Wrongful
Convictions at Northwestern School of Law, 2020Mom and Postpartum Support,
International have assisted. Whatever legislation you are working on, you
cannot do it alone! We need to get other influential organizations and
individuals involved. This is the true meaning of, "It takes a village."
Chapter 10: Fostering New Initiatives Nationwide (Susan) The new IL law PA
100-0574 has helped to promote new programs and renew interest in
postpartum psychosis. Postpartum Support, International has created a task
force to address issues and encourage research in postpartum psychosis.
This task force will help to further the cause of education, promoting
early mental health intervention and de-stigmatize this disorder so that
women and families aren't suffering in silence or ignoring signs and
symptoms that lead to catastrophic outcomes. Chapter 11: Networking and
Support for Postpartum Psychosis: Help from Our Friends (Susan and Barry)
The secretiveness and stigma of PPP has encouraged sufferers to develop
online support and affiliation through Facebook Closed Groups and
sub-groups within organizations such as Postpartum Support, International
and the Marce Society of North America. Discussion of the case of Heather
and how talking to friends for support averted a tragic outcome. Heather
had planned to commit suicide and to take the life of the child she thought
could not survive without her. In her psychotic mind, she enlisted a friend
to help her, who ultimately saved her life and the life of her child by
having her hospitalized. Chapter 12: Conclusions and the Case for Reduced
Infant Mortality Linked to Postpartum Psychosis (Susan and Barry) Infant
mortality rates in IL have recently been published to meet the Healthy
People 2020 objective of 6.0 deaths per 1,000 live births. How many of
these deaths are connected to a mother who has a mental illness like
postpartum psychosis? Greater awareness and prompt treatment of PPP will
likely lower mortality rates. Our hope for the future is there will be less
catastrophic outcomes when women experience postpartum psychosis.
Destigmatizing postpartum disorders and more education will encourage more
openness and promote prompter and successful treatment. Yet, in those cases
when the worst tragedy ensues, new state laws as Illinois PA 100-0574 will
lead to better outcomes. Our goal is having more understanding to foster
humane laws throughout the nation.
understanding postpartum disorders and postpartum psychosis in order to
change laws and transform the national climate Part I: Understanding and
Treating Women with Postpartum PsychosisChapter 1: Perinatal Mental Illness
is a Serious Risk to Women and Families (Susan)Differentiation between
postpartum depression and the rare, most serious form of the illness,
postpartum psychosis (PPP). An explanation of the signs and symptoms, risk
factors and prevalence of various postpartum disorders from the mildest
baby blues to postpartum depression and the most severe, postpartum
psychosis. Includes information distinguishing the various subtypes of
postpartum mood disorders, the most common complication of childbirth,
affecting nearly a million sufferers each year. While PPP is less common
than postpartum depression, it accounts for hundreds of infanticides and
suicides, many of them notorious. Many are the result of "altruistic
infanticides" or "command hallucinations" and there is an urgency to treat
this illness as a crisis and an emergency situation to prevent possible
dreadful outcomes.Finally give the case in my practice where a phone call
by a husband, and my quick response averted a potential tragedy. Chapter 2:
The Silence and Stigma that is a Deadly Combination for those with
Postpartum Psychosis (Susan)Education and early intervention are critical
to prevent catastrophic outcomes. Conversely the caveat in order to have
this happen is for the woman and family to disclose signs and symptoms to
both healthcare and mental health professionals. Yet the stigma of serious
mental health problems and fear of being regarded as a "bad mother" leads
to silence which often does not encourage openness but rather a wall of
silence and shame. Discuss the poignant story of Cynthia Wachenheim. This
chapter is planned to include an interview with her sister, Karen who
became an Advocate for PPP and Board Member of Postpartum Support,
International. This is a great case to de-stigmatize women who get PPP, as
Cynthia was a brilliant attorney and well-respected lawyer in NYC, who
wrote position papers for judges, yet left an incoherent suicide note.
Tragically, she strapped her infant child to her chest and jumped from her
8th floor apartment to their mutual intended death. This was to protect her
child from a lifetime of suffering from what she believed were his
disabilities. These disabilities existed only in her delusional mind. She
landed on her back, dead, and the child protected by her mother's dead body
suffered only mild injuries. If Cynthia's family had only understood what
was happening to her, that she was having psychotic delusional thoughts
about her son, they might have been able to save her by having her
hospitalized. Legally, it is also an example of a case that could have been
tried in the courts had Cynthia survived and the infant died instead. With
the present laws it is likely she would have been charged with murder and
spent years or a lifetime in prison. Chapter 3: The Legal Implications of
Postpartum Illness in the Criminal Justice System (Barry)The risk of
neonaticide and infanticide, although only a small number of those with
PPP, are dealt with in the justice system. These women though treated like
any other homicide in the U.S. are different, as they are suffering from a
severe mental illness that is unique to childbirth. In the UK there have
been infanticide laws since 1938, and similar laws exist in 30 other
countries. A brief history of the law and the limitations of current laws
regarding insanity and PPD/PPP. A discussion of the law of murder, and the
limitations of current laws regarding the insanity defense and postpartum
disorders like severe postpartum psychosis. A particular fact of importance
to the legal system is how the psychosis waxes and wanes, and can appear
suddenly. This can have tremendous effects on the outcome in the legal
system, and makes this illness unique and difficult to defend. The law is
inconsistent in the U.S. and varies from state to state and cases are
treated differently in different parts of the country. Some women have been
given probation whereas there are states where a woman may be given life in
prison without the possibility of parole or even the death penalty. Discuss
the case of Andrea Yates of Texas. Yates drowned her five children, as a
result of her delusional religious beliefs and "command" hallucinations.
Andrea had been a valedictorian of her high school, had a career in nursing
which she ultimately gave up as a deeply religious person to raise and home
school her five children. This case is cited as a successful use of the
insanity defense. However, it was only possible to establish that defense
after a retrial occasioned by the discovery of false, possibly perjurious,
testimony at the first trial. Many Texans were outraged by the outcome and
called for the death penalty for Andrea. The issue of "knowing" right from
wrong is critical. While the witness for the prosecution testified that
Yates was responsible for the deaths of her children because she knew right
from wrong at the time of the act (Grinfield 2002), the expert for the
defense testified, "even though she knew it was against the law, she did
what she thought was right in the world she perceived through her psychotic
eyes at the time" (Spinelli, 2003). Yates motivation was to kill the
children before they would reach the age where they could, and would, be
sent to hell for eternity; an example of what is known as "altruistic
filicide" where a mentally ill mother kills her children ultimately to save
them. Chapter 4: Laws of Neonaticide and Infanticide in Countries outside
the U.S (Barry) Discussion of the UK's British Infanticide Law of 1922 and
how this evolved into The Infanticide Act of 1938. Discussion of postpartum
criminal laws of infanticide in 30 other countries. How in 2009 Texas tried
to introduce legislation similar to the British Infanticide Law but failed
to gain any traction and was defeated. Discuss the case of Carol Coronado
of California. She stabbed her three children to death, and tried to kill
herself. Coronado spent a lifetime suffering from mental illness. The day
of the murders her behavior was bizarre. The prosecution's first hired gun
refused to find her sane, and opined in fact she was insane. The
prosecution's second hire testified she may have been "mildly depressed" at
times. A criminal court judge found her sane and sentenced her to three
consecutive life terms plus three years, saying she needs mental health
treatment--she can get that in the penitentiary. Had Carol lived in the UK
or 30 other countries, she would have likely been charged with a
misdemeanor and served 6 or less years in the penitentiary or she might
have been sent to a mental health facility instead for psychiatric
treatment instead of a life in prison. Part II: Advocating for Women with
Postpartum PsychosisChapter 5: PA 100-0574 Illinois' New Postpartum Law and
our Role in the Process (Susan) Discuss how it all started with Bill Ryan
and HB1764 to eventually become the first law in the nation identifying PPD
and PPP as "mitigating factors" in sentencing. How we got involved and why
we had to persist to usher the legislation each step of the way to become a
law on June 1st 2018. Also, discuss what the new Illinois law, PA100-0574:
what it is, what it does and does not accomplish. Until the passage of
PA100-0574, only executive clemency and a pardon from the Governor was
available to incarcerated women in IL who had long or life-time sentences.
An example of an IL woman who was granted executive clemency is included in
this chapter. It is the story of Debra Gindorf, who attempted suicide and
killed her two children in 1985, an example of "altruistic filicide" during
an episode of postpartum psychosis. Susan served as an expert witness who
testified before the prison review board in 2002. Gindorf was finally
released with a pardon from the Governor in 2009. Chapter 6: Letters from
Illinois Prisoners: Assistance toward Re-sentencing (Susan and Barry) We
have received letters from about 10 women in Logan Correctional Center
thanking us and hoping for release following decades of incarceration. This
is a first step toward a more responsible set of laws which would consider
this a disease, exemplified by the British Infanticide Act. The 10 women
incarcerated in IL who have contacted us, plan to file for re-sentencing
hearings since PA 100-0574 passed. This chapter may tell the story of one
or two of these women, and may include interviews with a few of these
incarcerated women. Chapter 7: The Steps for Professionals to Advocate and
Enact Legal Change (Susan and Barry) This chapter will provide a specific
set of steps to pass postpartum and other legislation. We are currently
consulting with advocates and legislators in MA who are planning to be roll
out PPP legislation in 2019. Our goal with PA100-0574 was to start with
Illinois, but continue this endeavor with legislation throughout the
nation. There is discussion of the importance of the correct name for
legislation to garner a law the public will support. Discussion will
include ways to appeal to mental health professionals as well as defense
attorneys to sponsor legislation and promote change through legal advocacy.
This chapter is planned to include interviews with the state sponsors of IL
PA 100-0574, Representative Linda Chapa LaVia and Senator Toi Hutchinson.
Chapter 8: Working with Local Issues, State and Federal Laws for Change
(Barry and Susan) This chapter will discuss ideas for getting involved with
change on a local level, as well as how to enact legislative changes on the
state and federal level. Discussion of advocacy training will be included,
such as provided by Restore Justice, an Illinois group that has decades of
experience educating and leading criminal justice reform work in Illinois.
Chapter 9: How to Partner and Work with Influential Organizations (Susan
and Barry) This chapter will focus on garnering support from influential
organizations and like-minded individuals to support and implement your
proposed legislation. In the case of PA 100-0574, The Center on Wrongful
Convictions at Northwestern School of Law, 2020Mom and Postpartum Support,
International have assisted. Whatever legislation you are working on, you
cannot do it alone! We need to get other influential organizations and
individuals involved. This is the true meaning of, "It takes a village."
Chapter 10: Fostering New Initiatives Nationwide (Susan) The new IL law PA
100-0574 has helped to promote new programs and renew interest in
postpartum psychosis. Postpartum Support, International has created a task
force to address issues and encourage research in postpartum psychosis.
This task force will help to further the cause of education, promoting
early mental health intervention and de-stigmatize this disorder so that
women and families aren't suffering in silence or ignoring signs and
symptoms that lead to catastrophic outcomes. Chapter 11: Networking and
Support for Postpartum Psychosis: Help from Our Friends (Susan and Barry)
The secretiveness and stigma of PPP has encouraged sufferers to develop
online support and affiliation through Facebook Closed Groups and
sub-groups within organizations such as Postpartum Support, International
and the Marce Society of North America. Discussion of the case of Heather
and how talking to friends for support averted a tragic outcome. Heather
had planned to commit suicide and to take the life of the child she thought
could not survive without her. In her psychotic mind, she enlisted a friend
to help her, who ultimately saved her life and the life of her child by
having her hospitalized. Chapter 12: Conclusions and the Case for Reduced
Infant Mortality Linked to Postpartum Psychosis (Susan and Barry) Infant
mortality rates in IL have recently been published to meet the Healthy
People 2020 objective of 6.0 deaths per 1,000 live births. How many of
these deaths are connected to a mother who has a mental illness like
postpartum psychosis? Greater awareness and prompt treatment of PPP will
likely lower mortality rates. Our hope for the future is there will be less
catastrophic outcomes when women experience postpartum psychosis.
Destigmatizing postpartum disorders and more education will encourage more
openness and promote prompter and successful treatment. Yet, in those cases
when the worst tragedy ensues, new state laws as Illinois PA 100-0574 will
lead to better outcomes. Our goal is having more understanding to foster
humane laws throughout the nation.
PrefacePrologue (Barry)Introduction (Susan): Explains the importance of
understanding postpartum disorders and postpartum psychosis in order to
change laws and transform the national climate Part I: Understanding and
Treating Women with Postpartum PsychosisChapter 1: Perinatal Mental Illness
is a Serious Risk to Women and Families (Susan)Differentiation between
postpartum depression and the rare, most serious form of the illness,
postpartum psychosis (PPP). An explanation of the signs and symptoms, risk
factors and prevalence of various postpartum disorders from the mildest
baby blues to postpartum depression and the most severe, postpartum
psychosis. Includes information distinguishing the various subtypes of
postpartum mood disorders, the most common complication of childbirth,
affecting nearly a million sufferers each year. While PPP is less common
than postpartum depression, it accounts for hundreds of infanticides and
suicides, many of them notorious. Many are the result of "altruistic
infanticides" or "command hallucinations" and there is an urgency to treat
this illness as a crisis and an emergency situation to prevent possible
dreadful outcomes.Finally give the case in my practice where a phone call
by a husband, and my quick response averted a potential tragedy. Chapter 2:
The Silence and Stigma that is a Deadly Combination for those with
Postpartum Psychosis (Susan)Education and early intervention are critical
to prevent catastrophic outcomes. Conversely the caveat in order to have
this happen is for the woman and family to disclose signs and symptoms to
both healthcare and mental health professionals. Yet the stigma of serious
mental health problems and fear of being regarded as a "bad mother" leads
to silence which often does not encourage openness but rather a wall of
silence and shame. Discuss the poignant story of Cynthia Wachenheim. This
chapter is planned to include an interview with her sister, Karen who
became an Advocate for PPP and Board Member of Postpartum Support,
International. This is a great case to de-stigmatize women who get PPP, as
Cynthia was a brilliant attorney and well-respected lawyer in NYC, who
wrote position papers for judges, yet left an incoherent suicide note.
Tragically, she strapped her infant child to her chest and jumped from her
8th floor apartment to their mutual intended death. This was to protect her
child from a lifetime of suffering from what she believed were his
disabilities. These disabilities existed only in her delusional mind. She
landed on her back, dead, and the child protected by her mother's dead body
suffered only mild injuries. If Cynthia's family had only understood what
was happening to her, that she was having psychotic delusional thoughts
about her son, they might have been able to save her by having her
hospitalized. Legally, it is also an example of a case that could have been
tried in the courts had Cynthia survived and the infant died instead. With
the present laws it is likely she would have been charged with murder and
spent years or a lifetime in prison. Chapter 3: The Legal Implications of
Postpartum Illness in the Criminal Justice System (Barry)The risk of
neonaticide and infanticide, although only a small number of those with
PPP, are dealt with in the justice system. These women though treated like
any other homicide in the U.S. are different, as they are suffering from a
severe mental illness that is unique to childbirth. In the UK there have
been infanticide laws since 1938, and similar laws exist in 30 other
countries. A brief history of the law and the limitations of current laws
regarding insanity and PPD/PPP. A discussion of the law of murder, and the
limitations of current laws regarding the insanity defense and postpartum
disorders like severe postpartum psychosis. A particular fact of importance
to the legal system is how the psychosis waxes and wanes, and can appear
suddenly. This can have tremendous effects on the outcome in the legal
system, and makes this illness unique and difficult to defend. The law is
inconsistent in the U.S. and varies from state to state and cases are
treated differently in different parts of the country. Some women have been
given probation whereas there are states where a woman may be given life in
prison without the possibility of parole or even the death penalty. Discuss
the case of Andrea Yates of Texas. Yates drowned her five children, as a
result of her delusional religious beliefs and "command" hallucinations.
Andrea had been a valedictorian of her high school, had a career in nursing
which she ultimately gave up as a deeply religious person to raise and home
school her five children. This case is cited as a successful use of the
insanity defense. However, it was only possible to establish that defense
after a retrial occasioned by the discovery of false, possibly perjurious,
testimony at the first trial. Many Texans were outraged by the outcome and
called for the death penalty for Andrea. The issue of "knowing" right from
wrong is critical. While the witness for the prosecution testified that
Yates was responsible for the deaths of her children because she knew right
from wrong at the time of the act (Grinfield 2002), the expert for the
defense testified, "even though she knew it was against the law, she did
what she thought was right in the world she perceived through her psychotic
eyes at the time" (Spinelli, 2003). Yates motivation was to kill the
children before they would reach the age where they could, and would, be
sent to hell for eternity; an example of what is known as "altruistic
filicide" where a mentally ill mother kills her children ultimately to save
them. Chapter 4: Laws of Neonaticide and Infanticide in Countries outside
the U.S (Barry) Discussion of the UK's British Infanticide Law of 1922 and
how this evolved into The Infanticide Act of 1938. Discussion of postpartum
criminal laws of infanticide in 30 other countries. How in 2009 Texas tried
to introduce legislation similar to the British Infanticide Law but failed
to gain any traction and was defeated. Discuss the case of Carol Coronado
of California. She stabbed her three children to death, and tried to kill
herself. Coronado spent a lifetime suffering from mental illness. The day
of the murders her behavior was bizarre. The prosecution's first hired gun
refused to find her sane, and opined in fact she was insane. The
prosecution's second hire testified she may have been "mildly depressed" at
times. A criminal court judge found her sane and sentenced her to three
consecutive life terms plus three years, saying she needs mental health
treatment--she can get that in the penitentiary. Had Carol lived in the UK
or 30 other countries, she would have likely been charged with a
misdemeanor and served 6 or less years in the penitentiary or she might
have been sent to a mental health facility instead for psychiatric
treatment instead of a life in prison. Part II: Advocating for Women with
Postpartum PsychosisChapter 5: PA 100-0574 Illinois' New Postpartum Law and
our Role in the Process (Susan) Discuss how it all started with Bill Ryan
and HB1764 to eventually become the first law in the nation identifying PPD
and PPP as "mitigating factors" in sentencing. How we got involved and why
we had to persist to usher the legislation each step of the way to become a
law on June 1st 2018. Also, discuss what the new Illinois law, PA100-0574:
what it is, what it does and does not accomplish. Until the passage of
PA100-0574, only executive clemency and a pardon from the Governor was
available to incarcerated women in IL who had long or life-time sentences.
An example of an IL woman who was granted executive clemency is included in
this chapter. It is the story of Debra Gindorf, who attempted suicide and
killed her two children in 1985, an example of "altruistic filicide" during
an episode of postpartum psychosis. Susan served as an expert witness who
testified before the prison review board in 2002. Gindorf was finally
released with a pardon from the Governor in 2009. Chapter 6: Letters from
Illinois Prisoners: Assistance toward Re-sentencing (Susan and Barry) We
have received letters from about 10 women in Logan Correctional Center
thanking us and hoping for release following decades of incarceration. This
is a first step toward a more responsible set of laws which would consider
this a disease, exemplified by the British Infanticide Act. The 10 women
incarcerated in IL who have contacted us, plan to file for re-sentencing
hearings since PA 100-0574 passed. This chapter may tell the story of one
or two of these women, and may include interviews with a few of these
incarcerated women. Chapter 7: The Steps for Professionals to Advocate and
Enact Legal Change (Susan and Barry) This chapter will provide a specific
set of steps to pass postpartum and other legislation. We are currently
consulting with advocates and legislators in MA who are planning to be roll
out PPP legislation in 2019. Our goal with PA100-0574 was to start with
Illinois, but continue this endeavor with legislation throughout the
nation. There is discussion of the importance of the correct name for
legislation to garner a law the public will support. Discussion will
include ways to appeal to mental health professionals as well as defense
attorneys to sponsor legislation and promote change through legal advocacy.
This chapter is planned to include interviews with the state sponsors of IL
PA 100-0574, Representative Linda Chapa LaVia and Senator Toi Hutchinson.
Chapter 8: Working with Local Issues, State and Federal Laws for Change
(Barry and Susan) This chapter will discuss ideas for getting involved with
change on a local level, as well as how to enact legislative changes on the
state and federal level. Discussion of advocacy training will be included,
such as provided by Restore Justice, an Illinois group that has decades of
experience educating and leading criminal justice reform work in Illinois.
Chapter 9: How to Partner and Work with Influential Organizations (Susan
and Barry) This chapter will focus on garnering support from influential
organizations and like-minded individuals to support and implement your
proposed legislation. In the case of PA 100-0574, The Center on Wrongful
Convictions at Northwestern School of Law, 2020Mom and Postpartum Support,
International have assisted. Whatever legislation you are working on, you
cannot do it alone! We need to get other influential organizations and
individuals involved. This is the true meaning of, "It takes a village."
Chapter 10: Fostering New Initiatives Nationwide (Susan) The new IL law PA
100-0574 has helped to promote new programs and renew interest in
postpartum psychosis. Postpartum Support, International has created a task
force to address issues and encourage research in postpartum psychosis.
This task force will help to further the cause of education, promoting
early mental health intervention and de-stigmatize this disorder so that
women and families aren't suffering in silence or ignoring signs and
symptoms that lead to catastrophic outcomes. Chapter 11: Networking and
Support for Postpartum Psychosis: Help from Our Friends (Susan and Barry)
The secretiveness and stigma of PPP has encouraged sufferers to develop
online support and affiliation through Facebook Closed Groups and
sub-groups within organizations such as Postpartum Support, International
and the Marce Society of North America. Discussion of the case of Heather
and how talking to friends for support averted a tragic outcome. Heather
had planned to commit suicide and to take the life of the child she thought
could not survive without her. In her psychotic mind, she enlisted a friend
to help her, who ultimately saved her life and the life of her child by
having her hospitalized. Chapter 12: Conclusions and the Case for Reduced
Infant Mortality Linked to Postpartum Psychosis (Susan and Barry) Infant
mortality rates in IL have recently been published to meet the Healthy
People 2020 objective of 6.0 deaths per 1,000 live births. How many of
these deaths are connected to a mother who has a mental illness like
postpartum psychosis? Greater awareness and prompt treatment of PPP will
likely lower mortality rates. Our hope for the future is there will be less
catastrophic outcomes when women experience postpartum psychosis.
Destigmatizing postpartum disorders and more education will encourage more
openness and promote prompter and successful treatment. Yet, in those cases
when the worst tragedy ensues, new state laws as Illinois PA 100-0574 will
lead to better outcomes. Our goal is having more understanding to foster
humane laws throughout the nation.
understanding postpartum disorders and postpartum psychosis in order to
change laws and transform the national climate Part I: Understanding and
Treating Women with Postpartum PsychosisChapter 1: Perinatal Mental Illness
is a Serious Risk to Women and Families (Susan)Differentiation between
postpartum depression and the rare, most serious form of the illness,
postpartum psychosis (PPP). An explanation of the signs and symptoms, risk
factors and prevalence of various postpartum disorders from the mildest
baby blues to postpartum depression and the most severe, postpartum
psychosis. Includes information distinguishing the various subtypes of
postpartum mood disorders, the most common complication of childbirth,
affecting nearly a million sufferers each year. While PPP is less common
than postpartum depression, it accounts for hundreds of infanticides and
suicides, many of them notorious. Many are the result of "altruistic
infanticides" or "command hallucinations" and there is an urgency to treat
this illness as a crisis and an emergency situation to prevent possible
dreadful outcomes.Finally give the case in my practice where a phone call
by a husband, and my quick response averted a potential tragedy. Chapter 2:
The Silence and Stigma that is a Deadly Combination for those with
Postpartum Psychosis (Susan)Education and early intervention are critical
to prevent catastrophic outcomes. Conversely the caveat in order to have
this happen is for the woman and family to disclose signs and symptoms to
both healthcare and mental health professionals. Yet the stigma of serious
mental health problems and fear of being regarded as a "bad mother" leads
to silence which often does not encourage openness but rather a wall of
silence and shame. Discuss the poignant story of Cynthia Wachenheim. This
chapter is planned to include an interview with her sister, Karen who
became an Advocate for PPP and Board Member of Postpartum Support,
International. This is a great case to de-stigmatize women who get PPP, as
Cynthia was a brilliant attorney and well-respected lawyer in NYC, who
wrote position papers for judges, yet left an incoherent suicide note.
Tragically, she strapped her infant child to her chest and jumped from her
8th floor apartment to their mutual intended death. This was to protect her
child from a lifetime of suffering from what she believed were his
disabilities. These disabilities existed only in her delusional mind. She
landed on her back, dead, and the child protected by her mother's dead body
suffered only mild injuries. If Cynthia's family had only understood what
was happening to her, that she was having psychotic delusional thoughts
about her son, they might have been able to save her by having her
hospitalized. Legally, it is also an example of a case that could have been
tried in the courts had Cynthia survived and the infant died instead. With
the present laws it is likely she would have been charged with murder and
spent years or a lifetime in prison. Chapter 3: The Legal Implications of
Postpartum Illness in the Criminal Justice System (Barry)The risk of
neonaticide and infanticide, although only a small number of those with
PPP, are dealt with in the justice system. These women though treated like
any other homicide in the U.S. are different, as they are suffering from a
severe mental illness that is unique to childbirth. In the UK there have
been infanticide laws since 1938, and similar laws exist in 30 other
countries. A brief history of the law and the limitations of current laws
regarding insanity and PPD/PPP. A discussion of the law of murder, and the
limitations of current laws regarding the insanity defense and postpartum
disorders like severe postpartum psychosis. A particular fact of importance
to the legal system is how the psychosis waxes and wanes, and can appear
suddenly. This can have tremendous effects on the outcome in the legal
system, and makes this illness unique and difficult to defend. The law is
inconsistent in the U.S. and varies from state to state and cases are
treated differently in different parts of the country. Some women have been
given probation whereas there are states where a woman may be given life in
prison without the possibility of parole or even the death penalty. Discuss
the case of Andrea Yates of Texas. Yates drowned her five children, as a
result of her delusional religious beliefs and "command" hallucinations.
Andrea had been a valedictorian of her high school, had a career in nursing
which she ultimately gave up as a deeply religious person to raise and home
school her five children. This case is cited as a successful use of the
insanity defense. However, it was only possible to establish that defense
after a retrial occasioned by the discovery of false, possibly perjurious,
testimony at the first trial. Many Texans were outraged by the outcome and
called for the death penalty for Andrea. The issue of "knowing" right from
wrong is critical. While the witness for the prosecution testified that
Yates was responsible for the deaths of her children because she knew right
from wrong at the time of the act (Grinfield 2002), the expert for the
defense testified, "even though she knew it was against the law, she did
what she thought was right in the world she perceived through her psychotic
eyes at the time" (Spinelli, 2003). Yates motivation was to kill the
children before they would reach the age where they could, and would, be
sent to hell for eternity; an example of what is known as "altruistic
filicide" where a mentally ill mother kills her children ultimately to save
them. Chapter 4: Laws of Neonaticide and Infanticide in Countries outside
the U.S (Barry) Discussion of the UK's British Infanticide Law of 1922 and
how this evolved into The Infanticide Act of 1938. Discussion of postpartum
criminal laws of infanticide in 30 other countries. How in 2009 Texas tried
to introduce legislation similar to the British Infanticide Law but failed
to gain any traction and was defeated. Discuss the case of Carol Coronado
of California. She stabbed her three children to death, and tried to kill
herself. Coronado spent a lifetime suffering from mental illness. The day
of the murders her behavior was bizarre. The prosecution's first hired gun
refused to find her sane, and opined in fact she was insane. The
prosecution's second hire testified she may have been "mildly depressed" at
times. A criminal court judge found her sane and sentenced her to three
consecutive life terms plus three years, saying she needs mental health
treatment--she can get that in the penitentiary. Had Carol lived in the UK
or 30 other countries, she would have likely been charged with a
misdemeanor and served 6 or less years in the penitentiary or she might
have been sent to a mental health facility instead for psychiatric
treatment instead of a life in prison. Part II: Advocating for Women with
Postpartum PsychosisChapter 5: PA 100-0574 Illinois' New Postpartum Law and
our Role in the Process (Susan) Discuss how it all started with Bill Ryan
and HB1764 to eventually become the first law in the nation identifying PPD
and PPP as "mitigating factors" in sentencing. How we got involved and why
we had to persist to usher the legislation each step of the way to become a
law on June 1st 2018. Also, discuss what the new Illinois law, PA100-0574:
what it is, what it does and does not accomplish. Until the passage of
PA100-0574, only executive clemency and a pardon from the Governor was
available to incarcerated women in IL who had long or life-time sentences.
An example of an IL woman who was granted executive clemency is included in
this chapter. It is the story of Debra Gindorf, who attempted suicide and
killed her two children in 1985, an example of "altruistic filicide" during
an episode of postpartum psychosis. Susan served as an expert witness who
testified before the prison review board in 2002. Gindorf was finally
released with a pardon from the Governor in 2009. Chapter 6: Letters from
Illinois Prisoners: Assistance toward Re-sentencing (Susan and Barry) We
have received letters from about 10 women in Logan Correctional Center
thanking us and hoping for release following decades of incarceration. This
is a first step toward a more responsible set of laws which would consider
this a disease, exemplified by the British Infanticide Act. The 10 women
incarcerated in IL who have contacted us, plan to file for re-sentencing
hearings since PA 100-0574 passed. This chapter may tell the story of one
or two of these women, and may include interviews with a few of these
incarcerated women. Chapter 7: The Steps for Professionals to Advocate and
Enact Legal Change (Susan and Barry) This chapter will provide a specific
set of steps to pass postpartum and other legislation. We are currently
consulting with advocates and legislators in MA who are planning to be roll
out PPP legislation in 2019. Our goal with PA100-0574 was to start with
Illinois, but continue this endeavor with legislation throughout the
nation. There is discussion of the importance of the correct name for
legislation to garner a law the public will support. Discussion will
include ways to appeal to mental health professionals as well as defense
attorneys to sponsor legislation and promote change through legal advocacy.
This chapter is planned to include interviews with the state sponsors of IL
PA 100-0574, Representative Linda Chapa LaVia and Senator Toi Hutchinson.
Chapter 8: Working with Local Issues, State and Federal Laws for Change
(Barry and Susan) This chapter will discuss ideas for getting involved with
change on a local level, as well as how to enact legislative changes on the
state and federal level. Discussion of advocacy training will be included,
such as provided by Restore Justice, an Illinois group that has decades of
experience educating and leading criminal justice reform work in Illinois.
Chapter 9: How to Partner and Work with Influential Organizations (Susan
and Barry) This chapter will focus on garnering support from influential
organizations and like-minded individuals to support and implement your
proposed legislation. In the case of PA 100-0574, The Center on Wrongful
Convictions at Northwestern School of Law, 2020Mom and Postpartum Support,
International have assisted. Whatever legislation you are working on, you
cannot do it alone! We need to get other influential organizations and
individuals involved. This is the true meaning of, "It takes a village."
Chapter 10: Fostering New Initiatives Nationwide (Susan) The new IL law PA
100-0574 has helped to promote new programs and renew interest in
postpartum psychosis. Postpartum Support, International has created a task
force to address issues and encourage research in postpartum psychosis.
This task force will help to further the cause of education, promoting
early mental health intervention and de-stigmatize this disorder so that
women and families aren't suffering in silence or ignoring signs and
symptoms that lead to catastrophic outcomes. Chapter 11: Networking and
Support for Postpartum Psychosis: Help from Our Friends (Susan and Barry)
The secretiveness and stigma of PPP has encouraged sufferers to develop
online support and affiliation through Facebook Closed Groups and
sub-groups within organizations such as Postpartum Support, International
and the Marce Society of North America. Discussion of the case of Heather
and how talking to friends for support averted a tragic outcome. Heather
had planned to commit suicide and to take the life of the child she thought
could not survive without her. In her psychotic mind, she enlisted a friend
to help her, who ultimately saved her life and the life of her child by
having her hospitalized. Chapter 12: Conclusions and the Case for Reduced
Infant Mortality Linked to Postpartum Psychosis (Susan and Barry) Infant
mortality rates in IL have recently been published to meet the Healthy
People 2020 objective of 6.0 deaths per 1,000 live births. How many of
these deaths are connected to a mother who has a mental illness like
postpartum psychosis? Greater awareness and prompt treatment of PPP will
likely lower mortality rates. Our hope for the future is there will be less
catastrophic outcomes when women experience postpartum psychosis.
Destigmatizing postpartum disorders and more education will encourage more
openness and promote prompter and successful treatment. Yet, in those cases
when the worst tragedy ensues, new state laws as Illinois PA 100-0574 will
lead to better outcomes. Our goal is having more understanding to foster
humane laws throughout the nation.