Lindsay Clancy Trial Ends in a Mistrial; Underscores Need for Change
On September 4, 2026, after six weeks of testimony and six days of jury deliberations, the Lindsay Clancy case ended in a mistrial because the jury could not reach a unanimous verdict. This tragedy must be a turning point for how our nation addresses maternal mental health and cases of infanticide.
The legal definition of infanticide varies from country to country. According to the peer-reviewed Journal of Forensic Science and Medicine, infanticide is the killing of a child within the first 12 months of life by a mother who has not fully recovered from the effects of pregnancy, giving birth, and lactation, and suffers some degree of mental disturbance.
While the crime of infanticide is not new, the criminal justice system in the United States is ill-equipped to handle this type of case. Illinois is the only state with legislation that establishes postpartum mental illness as a mitigating factor in the sentencing of infanticide cases.
In comparison, over 20 developed countries have adopted “infanticide laws,” which provide lesser sentences, more humane treatment, and psychiatric care for mentally ill mothers who commit infanticide. The maximum sentence for infanticide is three years in New Zealand, five years in Canada and parts of Australia, and six years in Brazil. In the United Kingdom, women who are mentally ill and found guilty of infanticide often receive treatment and community service instead of incarceration. These examples highlight legal systems with a nuanced understanding of why these crimes happen and how to address them.
“The Clancy tragedy underscores the need for change across many sectors in our country — healthcare, criminal justice, social programs — and within our communities and families,” says Adrienne Griffen, MPP, Executive Director of the Maternal Mental Health Leadership Alliance. “We outline five recommendations for what needs to change in our latest article about what Lindsay Clancy’s experience teaches us about the maternal mental health crisis in the United States. We must take action collectively and individually to ensure this type of tragedy never occurs again.”
Ask a new mother how she is doing and share information about the National Maternal Mental Health Hotline (1-833-TLC-MAMA) and Postpartum Support International (www.postpartum.net).
Media Contact: Mia Hemstad, mhemstad@mmhla.org
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