TW have mentioned details regarding the infants death that might be distressing
Oh yes, it would have been up to the judge to instruct the jury on the standard of proof for the verdict of infanticide.
Mayo was charged with one count of murder, and pled not guilty to murder. Usually in the time leading up to trial, women in Mayo’s situation will be advised to submit a plea of guilty to the lesser charge infanticide to CPS. If CPS accepts a guilty plea for infanticide, the trial doesn’t go forward, the woman is automatically convicted of infanticide and we go straight to sentencing.
However, not all women agree to submit a plea of guilty to the lesser charge of infanticide when awaiting trial for murder, so the trial goes forward.
The defence still can make a case for infanticide especially since there is no question as to who killed the baby. It’s established fact that Mayo killed the baby. Mayo’s defence did do this. So they weren’t in a bind, as for them they were trying to prove not guilty to murder, and using the partial defence of infanticide.
Mayo had acknowledged that logically she must have killed the baby, but insisted on her false memories being all that she remembered of what happened. I don’t know why she went forward with the murder trial, logically she should have known infanticide was the best outcome, so she should have done the guilty plea to Infanticide to avoid the murder trial.
Interestingly, the law commission has studied this irrational behaviour by women, and said that women with pregnancy denial which creates a very high risk of killing the newborn, for some reason tend to act irrationally and choose to go through with a murder trial. It’s one of their recommendations for law reform that women with pregnancy denial should be charged with infanticide not murder at the outset when the evidence and circumstances indicate infanticide is more probable than murder. Because it’s the women with the most disturbance in the balance of their minds that end up on trial for murder, whereas the women who are most balanced (or recovered) will happily agree to submit a guilty plea on the lesser charge of infanticide. So the infanticide law isn’t protecting the most vulnerable, least mentally balanced women, which is what it is supposed to do.
My musings as to why are that it appears that even during the legal process, their minds can’t really accept they intentionally killed their babies? So they have a trauma block from admitting infanticide. They may logically know they must have killed their baby, but they don’t know how or when as they believe their false memories and think it might have been all accidental…so they won’t plead guilty to infanticide because doing so means you admit you “willfully by action or omission” killed your baby- as in you killed with intent. They feel they cannot honestly admit to an intention they do not remember having.
They also try and reconcile the evidence with their memories. And Mayo exhibits some of this as she recalls using cotton wool to wipe blood that was coming out of her baby’s mouth and then when it was clear to her the baby was still born, she left some cotton wool in the mouth to soak up the blood. This is one of her false memories. There was no blood coming out the infants mouth at all per the coroner- so did she hallucinate the blood? So to Mayo the cotton wool got there as she was panicking and trying to do the right thing and she can’t reconcile her actions as she remembers them with the coroners evidence saying that the cotton wool was intentionally used to suffocate and kill.
I think on it, and think would I be happy to plead guilty to intentionally killing my baby (infanticide) if my memories tell me I had no intention to kill? If I don’t remember ever feeling homicidal towards anyone much less a baby, and such feelings are wholly out of character for me. If all I remembered was panic and trying to help the baby…even if I accepted yes I must have killed my baby, yes the psychiatrist says my memories are false and that what I remember doing is not what I did…would I also be able to agree that my memory of my feelings is also wrong, and that I intended to kill, even if I have no memory of ever feeling intent to kill?
And then could I unpack all this as a 15yr old child?