Since the early 1990s, unexplained infant death has been reformulated as a criminal justice problem within many western societies. This shift has produced wrongful convictions in more than one jurisdiction. This book uses a detailed case study of the murder trial and appeals of Kathleen Folbigg to examine the pragmatics of proof beyond a reasonable doubt. It explores how legal process, medical knowledge and expectations of motherhood work together when a mother is charged with killing infants who have died in mysterious circumstances. The author argues that Folbigg, who remains in prison, was wrongly convicted. The book also employs Folbigg's trial and appeals to consider what lessons courts have learned from prior wrongful convictions, such as those of Sally Clark and Angela Cannings. The author's research demonstrates that the Folbigg court was misled about the state of medical knowledge regarding infant death, and that the case proceeded on the incorrect assumption that behavioural and scientific evidence provided independent proofs of guilt. Individual chapters critically assess the relationships between medical research and expert testimony; the operation of unexamined cultural assumptions about good mothering; and the manner in which contested cases are reported by the press as overwhelming.

The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children's deaths. Two subsequent inquiries examined Folbigg's convictions. In 2019, Commissioner Blanch concluded that Folbigg's guilt was “even more certain” than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the “firm view” that “reasonable doubt exists as to Folbigg's guilt.” This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law's fact-finding processes and the legal system's adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women's credibility and demeanour.

Women who kill rupture our assumptions about what a woman is. This book explores different socio-cultural understandings of women who commit, or are accused, of murder. A wide range of cases are discussed in order to highlight the ways in which such women have been perceived, and how such cases reflect important social and cultural shifts.

A gripping explanation of the biases that lead to the blaming of pregnant women and mothers. Are mothers truly a danger to their children’s health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby’s father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who “fail to protect” their children. In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of “fetal protection” including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children’s health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children’s injuries. Blaming Mothers is a powerful call to reexamine who - and what - we consider risky to children’s health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America’s children. Read a piece by Linda Fentiman on shaming and blaming mothers under the law on The Gender Policy Report.

A Black mother bumps up against the limits of everything she thought she believed—about science and medicine, about motherhood, and about her faith—in search of the truth about her son. "The memoir dedicates important space to the numbing bureaucracy that often accompanies medical visits, particularly as seen through the eyes of a Black woman in the South. Having moved often within White neighborhoods and educational institutions around her home in Charlottesville, Harris is unflinching about her periodic unease in those quarters. . . Harris also brings humor to bear in moments of great adversity."—Karen Iris Tucker, Washington Post One morning, Tophs, Taylor Harris’s round-cheeked, lively twenty-two-month-old, wakes up listless, only lifting his head to gulp down water. She rushes Tophs to the doctor, ignoring the part of herself, trained by years of therapy for generalized anxiety disorder, that tries to whisper that she’s overreacting. But at the hospital, her maternal instincts are confirmed: something is wrong with her boy, and Taylor’s life will never be the same. With every question the doctors answer about Tophs’s increasingly troubling symptoms, more arise, and Taylor dives into the search for a diagnosis. She spends countless hours trying to navigate health and education systems that can be hostile to Black mothers and children; at night she googles, prays, and interrogates her every action. Some days, her sweet, charismatic boy seems just fine; others, he struggles to answer simple questions. A long-awaited appointment with a geneticist ultimately reveals nothing about what’s causing Tophs’s drops in blood sugar, his processing delays—but it does reveal something unexpected about Taylor’s own health. What if her son’s challenges have saved her life? This Boy We Made is a stirring and radiantly written examination of the bond between mother and child, full of hard-won insights about fighting for and finding meaning when nothing goes as expected.

"This is a conceptually innovative book which expands the meaning of motherhood to include mothers 'without child'; it is also a compassionate political book which refuses the boundary between 'good enough' and 'bad' mothers. Mother Without Child is an engaging, witty, and provocative literary study which should fascinate anyone who is interested in mothering or in looking for new ways to talk about motherhood without erasing some women's experience or dividing mothers from each other."--Sara Ruddick, author of Maternal Thinking: Toward a Politics of Peace "Hansen positions her study in a genuinely new space . . . taboo ground, which demands not only a great deal of courage to address, but also enormous intelligence and insight. Hansen is up to this task. . . hers is a pioneer study that will have a significant impact on the ways that non-procreative motherhood is discussed and understood." --Madelon Sprengnether, author of The Spectral Mother: Freud, Feminism, and Psychoanalysis "Since the beginnings of the second wave of feminism in the 1960s, feminist scholars have been obsessed with motherhood. Mother Without Child takes us to the next stage in this fascinated and fascinating exploration. Through illuminating readings of contemporary stories of thwarted motherhood, Hansen challenges the persistent and constraining definitions of the good and even the good-enough mother. She enjoins us to listen to the moving, devastating, and often inspiring stories of mothers who survive the loss of their children and she urges us to find there not the angry voices of feminist daughters who cannot forgive their patriarchal mothers, but alternative stories of a different maternity that can lead us to alternative plots and visions of women's lives. We need this book."--Marianne Hirsch, author of The Mother/Daughter Plot: Narrative, Psychoanalysis, Feminism "A careful, committed, and freshly clarifying voice. Hansen's graceful prose and finely interwoven explorations are much needed at this time. Through readings of contemporary fiction, she enriches our vocabulary for discussing the overdetermined topic of motherhood and deepens our understanding of both its psychological and contemporary political dimensions. Mother Without Child is a book for historians and social scientists as well as literary scholars."--Laura Doyle, author of Bordering on the Body: The Racial Matrix of Modern Fiction and Culture

"The mother of one of the two shooters at Columbine High School draws on personal recollections, journal entries and video recordings to piece together what led to her son's unpredicted breakdown and share insights into how other families might recognize warning signs,"--NoveList.