1. Introduction 2. The Folbigg Case 3. Unexplained Infant Death: A Shifting Theory of Maternal Culpability 4. Distinguishing Homicide from SIDS 5. The Scientific Case against Folbigg 6. A Mother Who Would Kill Her Children 7. Reading Guilt: Kathleen Folbigg's Diaries 8. Media Monster 9. Conclusion
Emma Cunliffe is an Assistant Professor in the Faculty of Law, University of British Columbia.
...an engaging and scholarly read
*Medical Law Review*
...Cunliffe lays out her book in a manner that makes it extremely
readable and an ideal reference source for anyone performing
ongoing research about infanticide...She performs meticulous
research...and boldly asserts her interpretation of the data while
leaving her audience with enough information to disagree with her
findings and draw different conclusions...The result is a
persuasive and enlightening work with the potential to foster
honest dialogue and deter baseless stereotyping in the research and
investigation of unexplained infant deaths and adolescent
motherhood...Her conclusions are broad enough to apply to readers
in any location, and the implications of her research are too
important to ignore.
*Journal of Youth and Adolescence*
If Professor Emma Cunliffe...had been Kathleen Folbigg's lawyer on
appeal, Folbigg likely would not be serving thirty years in prison
in New South Wales, for the murder of her four children. Cunliffe
is convinced that Folbigg was wrongly convicted; and, by the end of
Murder, Medicine and Motherhood, so, I would guess, would most
readers be. ...Cunliffe's book is an exhaustive examination of the
Folbigg trial, and, more importantly, of the medical, evidentiary,
and journalistic context within which the trial played out. Never
sensationalistic, Cunliffe treats the tragedy of the unexplained
deaths of four children with sensitivity [and] the analysis she
brings to the Folbigg case ... is so astute and powerful
*Law and Politics Book Review*
The book is a fascinating and precise study of how law and science
come to 'know' through legal processes...The book unfolds over
seven tightly conceived, substantive chapters, with a separate
introduction and conclusion. At just over 200 pages, this is not a
long book but given the depth and breadth of the research, each
word counts...it makes an important and very accessible
contribution to the understandings of legal and scientific
knowledge in the courtroom.
*Punishment & Society*
[The book] is a tour de force, with analysis of the trial
transcripts, the medical literature on sudden infant death
syndrome, and the media coverage of the trial. What really
impressed me about this book Is the depth and meticulousness of
Emma's research… she is a methodical and careful scholar who combs
the transcript and the literature for the ambiguities in the
evidence and the testimony. Emma's book has much to teach police
investigators, lawyers, judges, and the medical profession about
how subtle, yet compelling, gender ideologies are to the detriment
of mothers. [The book] makes invaluable contributions to legal
knowledge, advocacy, and method, not the least of which is the
book's use of trial transcripts to explore the construction of
guilt by police, lawyers, experts, lay witnesses, judges, and the
media. Emma's work is foundational for those legal scholars working
with, and thinking about, transcripts… I am tremendously inspired
by her book.
*Canadian Journal of Women and the Law*
While this book arose from Cunliffe's doctoral dissertation, its
application is far beyond legal studies. This is largely because
she so aptly followed the tenets of sound case study research,
which involved the analysis of various sources of data...and
sources of literature...The text is comprehensive,
inter-disciplinary, incredibly well researched, and logically
persuasive. As such, it will be attractive to several audiences,
including legal scholars and law students (especially those
aspiring towards criminal litigation); criminologists, sociologists
and political scientists; as well as perhaps health/medical
professionals and gender/women's studies scholars.
*Theoretical Criminology*
Whilst certainly presenting a compelling argument, Cunliffe writes
in very measured tones, taking care not to romanticize or victimize
Folbigg, but rather highlighting the precarious nature of her
conviction. She sensibly makes no glib statements as to Kathleen's
innocence but rather very honestly reflects that she was wrongly
convicted, as despite several appeals there remains too much
uncertainty to draw firm conclusions – particularly conclusions
that are 'beyond reasonable doubt', in order to justify the denial
of liberty. ...the aim of the book is not necessarily to resolve
all of the aforementioned issues but rather to highlight, discuss
and deconstruct them. It satisfyingly draws all of the themes
together serving as a stark warning against the oversimplification
of science in law, and also a remainder that science is not an
infallible source of truth.
*Social & Legal Studies*
Cunliffe's book offers an important and original contribution to
discourses on wrongful conviction and the dynamics of proof beyond
reasonable doubt. ...the book is well written and moves
effortlessly across disciplinary boundaries taking in law, medical
research and expert opinion, feminist discourse, and the media. It
will provide a welcome addition to the reading list of law and
journalism students and other actors interested or involved in the
criminal justice system.
*Journal of Law and Society*
...a valuable read for lawyers, academics and others interested in
the Folbigg case for two main reasons. First, it unpacks medical
and social understandings around SIDS, and its evolving
conceptualisation in the socio-legal context. Second, it draws
together disparate threads relevant in filicide literature, and
critically assesses assumptions in law (on criminal guilt) and
medicine (scientific certainty) and gendered presumptions in
parenthood ideals.
*Current Issues in Criminal Justice*
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