Judgments of culpability in a filicide scenario

Addressing Filicide in Ghana: Linking Cultural Understanding With the Law Against Filicide. Does the Law Work?

Introduction

Consistent with international promulgation on the criminalization of filicide, Ghana’s Children’s Act 1998 (560) and the Criminal Justice Act criminalizes any form of torture against children. Yet, perpetrators of filicide in Ghana may go unpunished due to the beliefs in cultural norms that justify filicide acts. The cultural narratives of filicide can impede on the application and effectiveness of the laws of filicide.

Method

The study employed a vignette approach to explore the views of 19 adults, who were parents between 69 years of age and 30 years of age, in rural and urban Ghana on the laws of filicide in Ghana and filicide intervention measures. The interviewees were provided with narratives on two different vignettes (developed based on real life cases), followed by semi-structured questions to probe the narratives. The interviews were analyzed following Fraser’s narrative thematic analysis procedure.

Results

The study identifies the association between cultural beliefs and the communities’ understanding of the concept of filicide. Though community members are aware of the criminalization of filicide acts, the majority of them were not informed about the laws against filicide in Ghana. Addressing filicide cases within the community was the most preferred option for the participants, as they believe that some children, termed “spirit children” (SC), deserve to be killed. Resorting to spiritual intervention from concoction men emerged as the normative pathway to obtain community approval for filicide. Police interventions were considered necessary in non-spiritual related filicides. Community members were only prepared to cooperate with the law in filicide cases if the filicide act has no connection with spirituality.

Conclusion

The study adds to understanding of the concept of filicide outside western societies. The importance of intensive community campaigns against filicide acts, and norms that support filicide acts, has relevance for all counties.

Gender differences in jurors' perceptions of infanticide involving disabled and non-disabled infant victims

OBJECTIVES

The present study investigated the influence of juror gender and infant victim disability on jurors' reactions to infanticide cases.

METHODS

Participants (men and women undergraduates) read a summary of a mock trial involving alleged father-perpetrated infanticide. The infant was described as severely mentally disabled or as not disabled. Participants completed a series of case-related judgments (e.g., guilt; sentence; and empathy, sympathy, and similarity toward the defendant and victim).

RESULTS

There were pervasive gender differences such that compared to men, women mock jurors rendered more guilty verdicts, perceived the father/defendant as having greater intent to kill his infant, and felt less similar to the defendant. Compared to men, women also believed the father was more responsible and the pneumonia was less responsible for the infant's death, had less sympathy and empathy for the defendant, endorsed more negative beliefs about the father, and were more likely to believe the infant was a unique person. Mediational analyses revealed that these statistically significant effects were explained, in part, by gender differences in attitudes toward the defendant. Further, whether the infant victim was portrayed as severely disabled (versus developmentally normal) had little effect on central case judgments such as verdict, but jurors who believed the infant was severely disabled gave significantly shorter sentences to the defendant, were less likely to perceive the defendant as mentally ill, and felt significantly less empathy for and similarity to the infant victim.

CONCLUSIONS

Although juror gender consistently predicted juror's judgments, there were fewer effects of disability status. Even so, bias against disabled infants manifested for several dependant variables.

PRACTICAL IMPLICATIONS

This research can inform legal professionals about the potential for bias in juror decision-making, and in turn, help facilitate fairness and justice for the youngest and most vulnerable victims of child abuse.