Infanticide

In Medical Jurisprudence. The murder of a new-born Infant. It is thus distinguishable from abortion and fceticide, which are limited to the destruction of the life of the foetus in utero. The crime of Infanticide can be committed only after the child is wholly bom; 5 0.

6 P. 329; 6 id. 349.

But the destruction of a child en ventre sa mdre is a high misdemeanor; 1 Bla. Com. 129.

See 2 C. & K. 784; 7 C. & P. 850.

This question Involves an Inquiry, first. Into the signs ol maturity, the data for which are— the length and weight of the foetus, the relative position of the centre of its body, the proportional development of its several parts as compared with each other, especially of the head as compared with the rest of the body, the degree of growth of the hair and nails, the condition of the skin, the presence or absence of the membrana pupillaris, and in the male the descent or non-descent of the testicles; Dean, Med. Jur. 140; Tayl. Med. Jur. 534. Second, was It born alive? The second point presents an Inquiry of great interest both to the legal and medical professions and to tho community at large. In the absence of all direct proof, what organic facts proclaim the existence of life subsequent to birth? These facts are derived principally from the circulatory and respiratory systems. F'rom the former the proofs are gathered — from tho character of the blood, that which Is purely foetal being wholly dark, like venous blood, and forming coagula much less firm and solid than that which has been subjected to the process of respiration. From the condition of the heart and blood-vessels. The circulation anterior and subsequent to birth must necessarily be entirely different. That anterior, by means of the foetal openings,— the foramen ovale, the ductus arteriosus, and the ductus venosus,— la enabled to perform its circuit without sending the entire mass of the blood to the lungs for the purpose of oxygenation. When the extra-uterine life commences, and the double circulation is established, these openings usually close; so that their closure is considered probable evidence of life subsequent to birth; 1 Beck, Med. Jur. 478; Dean, Med. Jur. 142. From the difference in the distribution of the blood in the different organs of the body. The two organs in which this difference is most perceptible are the liver and the lungs,— especially the latter. The circulation of the whole mass of the blood through, the lungs distends and fills them with blood, so that their relative weight will be nearly doubled, and any incision into them- will be followed by a free effusion. From the respiratory system proofs of life subsequent to birth are derived. From the thorax: Its size, capacity, and arch are increased by respiration. From the lungs: they are increased in size and volume, are projected forward, become rounded and obtuse, of a pinkish-red hue, and their density is Inversely as their volume; Dean, Med. Jur. 149 et seq. The fact of the specific gravity of the lungs being diminished in proportion to their diminution in density gives rise to a celebrated test,— tho hydrostatic,— the relative weight of the lungs with wasink to the bottom of the vessel. It they have re* spired, their Increase In volume and decrease in density render them specifically lighter than water, and when placed within it they will float. There are several objections to the sul Bciency of this test; for example lungs which have never respired may become so distended with putrefactive gases as to float, and, on the other hand, lungs which have respired may be the seat of congestion or inflam* matlon which would cause them to sink; hut it is fairly entitled to its due weight In the settlement of this question; Dean, Med. Jur. 164 et aeq. From the state of the diaphragm: prior to respiration it is found high up in the thorax. The act of expanding the lungs enlarges and arches the thorax, and, by necessary consequence, the diaphragm descends. The fact of life at birth being established, the next inquiry is, how long did the child survive? The proofs here are derived from three sources. The fatal openings, their partial or complete closure. The more perfect the closure, the longer the time. The series of changes in the 'umbilical cord. These are— 1, the withering of the cord; 2, its desiccation or drying, and, 3, its separation or dropping o/T/— occurring usually four or five days after birth; 4, cicatrization of the umbilicus, — occurring usually from ten to twelve days after birth, j The changes in the skin, in the process of exfoliation of the epidermis, which commences on the abdomen, and extends thence successively to the chest, groin, axillas, interscapular space, limbs, and, finally, to the bands and feet. As to the modes by which the life of the child may have been destroyed. The criminal modes most commonly resorted to are — 1, suffocation; 2, drowning; 3, cold and exposure; 4, starvation; 6, wounds, fractures, and injuries of various kinds; a mode not unfrequently resorted to is the introduction of sharp-pointed instruments in different parts of the body; also, luxation and fracture of the neck, accomplished by forcibly twisting the bead of the child, or pulling it backwards; 6, strangulation; 7, poisoning; 8, intentional neglect to tie the umbilical cord; and, 9, causing the child to inhale air deprived of its oxygen, or gases positively deleterious. All these modes of destroying life, together with the natural or accidental ones, will be found fully discussed by the writers on medical jurisprudence.

1 Beck, Med. Jur. 609; Dean, Med. Jur. 179; Ryan, Med. Jur. 137; Dr. Cummins, Proof of Infanticide Considered; Storer A Heard, Criminal Abortion; Brown, Infanticide; Toulmouche, Etudes aur Infanticide.