Patriarchy? Paternalism? Motherhood Discourses in Trials of Crimes against Children

Abstract

This article analyzes two recent trials of women accused of killing their infants. The legal strategies that employ gender of the defendant as a resource for constructing narratives of the offense are explored. This is achieved through analysis of discourses of the transcripts of the defendants' trials. Two salient discourses, patriarchal and paternalist, are identified in the article. Patriarchal discourses are characterized by the equation of womanhood and motherhood and by the overtness of the ranking of men over women. The paternalist gender management expresses itself in deference to the professional discourses that define motherhoodmedical, psychiatric, and administrative. The evidence presented suggests that maternal trials of crimes against children provide a conduit for discussion of the issues that matter-the place and importance of motherhood in contemporary society. What is taking place in these trials reflects cultural neurosis over the ambiguity with regard to the definitions of the foundational relationship of mother and child. The article suggests that the trials of mothers accused of harming their children are symbolic of the problems involved in the contemporary regulation of mothering.

“On the other hand the accused is a woman…”: Women and the Death Penalty in Post-Independence Ireland

“…Gurevich argued that paternalism concerns the exercise of positive power; however, this article demonstrates that, at least within the context of Ireland in this period as a private patriarchal state, paternalism also justified coercive power. 152 Kathy Davis, too, considered paternalism to be "a concept of power which combines the element of benevolence with the elements of dominance and subordination." 153 This conception of paternalism accords with the findings herein in its position that coercion and benevolence are not mutually exclusive.…”

News media representations of women who kill their newly born children

“…Similarly, the Graz style of reporting, more certainty and insight words but fewer emotion words and words related to family, echoes the language used in criminal trials, which sets boundaries for its members in an authoritative style with a high degree of certainty concerning decisions and sentences (see Black et al 2016 ). Gurevich ( 2008 ) states that “maternal trials of crime against children could be perceived as expressions of societal needs for cohesion and boundary making” (p. 516). This would explain why the writing style of the Graz case had a strong persuasive potential.…”

“…This paper presents an analysis of one noteworthy example-because of its extensive, negative and humiliating reporting-to shed light on the role of the media in reflecting and forming the cultural script of neonaticide in society. Cultural scripts consist of attitudes, evaluations and assumptions that are widely known and shared among people within a given speech community (Goddard 2006). Media reports are considered both to reflect and form cultural scripts (Ochs 1993;Eisenwort et al 2014).…”

Women Offending in the 21st Century

“…Flynn et al (2007) identified more than 20 countries with neonaticide legislation that applies exclusively to women. However, even within the countries that consider neonaticide a separate crime, factors such as public outrage and the circumstances of the crime can impact on outcomes (Gurevich 2008). The assumption underlying the special status of neonaticide in legislation is the state of emergency induced by a deliveryespecially one that was not expectedwhich applies to women only.…”