INFANTICIDE. In Medical Jurisprudence. The murder of a new-born infant. It is thus distinguishable from abortion and foeticide, which are limited to the destruction of the life of the fcetus in utero.
The crime of infanticide can be commit ted only after the child is wholly born; 5 C. & P. 329; 6 id. 349. But the destruction of a child en venire sa more is a high misde meanor; 1 Bla. Com. 129. See 2 C. & K. 784; 7 C. & P. 850.
This question involves an inquiry, first, into the signs of maturity, the data for which are—the length and weight of the foetus, the relative posi tion of the centre of its body, the proportional de velopment 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 pres ence or absence of the membrana pupillaris, and in the male the descent or non-descent of the testi cles ; Dean, Med. Jur. 140 ; Tay]. Med. Jur. 534. Second, was it born alive ? The second point pre sents an inquiry of great interest both to the le gal and medical professions and to the community at large. In the absence of all direct proof, what organic facts proclaim the existence of life subse quent to birth? These facts are derived principally from the circulatory and respiratory systems. From the former the proofs are gathered—from the 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 ante rior, by means of the foetal openings,—the foramen ovale, the ductus arteriosus, and the ductus venos us,—is enabled to perform its circuit without send ing the entire mass of the blood to the lunge for the purpose of oxygenation. When the extra-uterins life commences, and the double circulation is es tablished, 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 distribu tion 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 sub sequent to birth are derived. From the thorax: its size, capacity, and arch are increased by respira tion. 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,—the hy drostatic,—the relative weight of the lungs with wa ter ; 1 Beck, Med. Jur. 459 et seq. The rule is, that lungs which have not respired art specifically heavier than water, and if placed within it will sink to the bottom of the vessel. If 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 sufficiency 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 mation which would cause them to sink ; but it is fairly entitled to its due weight in the settlement of this question ; Dean, Med. Jur. 154 ,et seq. From the state of the dfimphragm: prior to respiration it is found high up in the thorax. The act of expand ing the lungs enlarges and arches the thorax, and, by necessary consequence, the diaphragm de scends.
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 festal openings, their partial or complete clos ure. 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 desic cation or drying, and, 3, its separation dropping off,—occurring usually four. or five days after birth ; 4, oicatrization of the umbilicus,—occurring usually from ten to twelve days after birth. The changes in the skin, in the process of exfoliation of the epider mis, which commences on the abdomen, and ex tends thence successively to the chest, groin, interscapular space, limbs, and, finally, to the hands 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 ; 5, wounds, fractures, and injuries of various kinds ; a mode not unfrequently resorted to is the intro duction of sharp-pointed instruments In different parts of the body ; also, luxation and fracture of the neck, accomplished by forcibly twisting the head 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 posi tively 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. 509 ; Dean, Med. Jur. 179 ; Ryan, Med. Jur. 137 ; Dr. Cummins, Proof of Infanticide Considered ; Storer & Heard, Criminal Abortion; Brown, Infanticide ; Toulmouche, Etudes sur Infanticide.