Undermining Reasonableness: Expert Testimony in a Case Involving a Battered Woman who Kills

2003 ◽  
Vol 27 (1) ◽  
pp. 37-45 ◽  
Author(s):  
Cheryl Terrance ◽  
Kimberly Matheson
Keyword(s):  
Battered Women ◽  
Expert Testimony ◽  
Battered Woman ◽  
Support Network ◽  
Post Traumatic Stress ◽  
Battered Woman Syndrome ◽  
Expert Control ◽  
Self Defense ◽  
Jury Verdicts ◽  
Post Traumatic

Student participants ( N = 316) viewed a videotaped simulated case involving a woman who had entered a self-defense plea in the shooting death of her abusive husband. As successful claims of self-defense rest on the portrayal of a defendant who has responded reasonably to his/her situation, the implications of various forms of expert testimony in constructing this narrative were examined. Jurors were presented with either expert testimony regarding the battered woman syndrome (BWS), the BWS framed within post-traumatic stress disorder (PTSD) nomenclature, or a no-expert control condition. As the BWS classification may support a stereotypical victim, the degree to which the defendant fit the stereotype in terms of her access to a social support network (family, friends, employment outside of the home) was varied within the expert testimony conditions to reflect either a high or low degree of stereotype fit. Although jury verdicts failed to differ across expert testimony and stereotype fit conditions, perceptions of her credibility and mental stability did. Although affording jurors a framework from which the defendant's experiences as a battered woman may be acknowledged, this portrayal, as advanced within PTSD nomenclature, endorsed a pathological characterization of the defendant. Implications of this discourse for battered women within the context of self-defense are discussed.

An exploration of Thai public perceptions of defenses in cases of women who kill their domestically violent spouses

2016 ◽  
Vol 50 (4) ◽  
pp. 602-622 ◽  
Author(s):  
Robert Tack Kwei Ho ◽  
Natalie Chantagul
Keyword(s):  
Battered Women ◽  
Expert Testimony ◽  
Public Perceptions ◽  
Battered Woman ◽  
Cluster Sampling ◽  
Direct Influence ◽  
Battered Woman Syndrome ◽  
Self Defense ◽  
Domestically Violent ◽  
Spousal Homicide

The present study investigated the issue of domestic violence in Thailand and in particular the reactions of the Thai populace (male versus female) to a battered woman who killed her abusive spouse, as well as how such reactions could be influenced by the presentation of expert testimony related to the battered woman syndrome. Cluster sampling conducted within the Bangkok metropolitan area in Thailand yielded a sample of 1190 participants who voluntarily filled in the study’s questionnaire. Multi-group path analysis showed no significant gender difference in the direct influence of battered woman syndrome information on the verdict/judgment rendered and suggests that the provision of such information in spousal homicide trials within the Thai context may not be efficacious in influencing the participants’ verdict judgments. Results however did indicate an indirect effect of the battered woman syndrome information on the verdict/judgment rendered being mediated by the defense strategy of self-defense. This finding indicated that the battered woman syndrome information presented aided the participants in contextualizing the defendant’s killing in a frame of self-defense, rather than inappropriately applying a form of “reasonableness” in their verdict/judgment. These findings are discussed in relation to their implications for the presentation of battered woman syndrome information in trials of Thai battered women who killed their abusive spouses.

Battered Woman Syndrome Defense in Canadian Courts

1995 ◽  
Vol 40 (3) ◽  
pp. 130-135 ◽  
Author(s):  
Cheryl Regehr ◽  
Graham Glancy
Keyword(s):  
Psychological Distress ◽  
Supreme Court ◽  
Expert Testimony ◽  
Battered Woman ◽  
Supreme Court Of Canada ◽  
Battered Woman Syndrome ◽  
Aggravated Assault ◽  
Self Defense ◽  
History Of

As a result of a 1990 Supreme Court of Canada decision, battered woman syndrome defense is now accepted as a legitimate extension of self-defense in Canadian courts. This defense hinges on the expert testimony that a battered woman who is accused of murder or aggravated assault suffers from the psychological sequelae of abuse and that this psychological distress contributes to her apprehension of danger and ultimately her apprehension of death during a particular battering episode. The authors present a brief overview of the history of battered woman syndrome defense, the role of the expert in assessing the applicability of this defense in any particular situation, and the pitfalls of using battered woman syndrome defense.

Moral Implications of the Battered Woman Syndrome

1998 ◽  
pp. 134-139
Author(s):  
Sally J. Scholz
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Battered Women ◽  
Battered Woman ◽  
Moral Issue ◽  
Battered Woman Syndrome ◽  
Legal Proceedings ◽  
Self Defense ◽  
Moral Personhood ◽  
History Of

The Battered Woman Syndrome, like the Cycle Theory of Violence, helps to illuminate the situation of the person victimized by domestic violence. However, it may also contribute to the violence of the battering situation. In this paper, I explore some of the implications of the Battered Woman Syndrome for domestic violence cases wherein an abused woman kills her abuser. I begin by delineating some of the circumstances of a domestic violence situation. I then discuss the particular moral issue of subjectivity or moral personhood involved in instances wherein a woman victimized by domestic violence responds by killing her batterer. Finally, I argue that the Battered Woman Syndrome and similar alternatives to or qualifications of self-defense are problematic because they strip a woman of her moral subjectivity. I conclude with a brief articulation of a proposal for reform of the criminal justice system specifically aimed at cases wherein there has been a long history of abuse or violence. This reform is unique because it does not rely on a separate standard of reasonableness particular to battered women, but arises out of consideration of the moral implications of legal proceedings involving domestic violence.

Stereotypes About Battered Women and Victim’s Self-Defense: Legal Implications

2021 ◽  
pp. 088626052110551
Author(s):  
Carmen Delgado-Alvarez ◽  
Andrés Sanchez-Prada
Keyword(s):  
Battered Women ◽  
Gender Stereotypes ◽  
Partner Violence ◽  
Professional Training ◽  
Law Students ◽  
Battered Woman ◽  
Three Dimensions ◽  
Self Defense ◽  
Spanish Universities ◽  
And Gender

Recent research on the practices of justice operators with women victims of intimate partner violence has evidenced the existence of gender stereotypes and gender-blind practices in the Spanish legal system (Albertín et al., 2020; García Jiménez et al., 2019, 2020), as well as the graves consequences that such practices imply for these women. In this context, the present study explored the existence of a battered woman stereotype and its variation when the victim defends herself from the abuser. An opportunity sample of 505 undergraduates of Law, Psychology and other studies from two Spanish universities assessed some personality characteristics of a woman after watching a 1-minute-long silent video. The participants were randomly assigned to one of three observation conditions (“control”, “victim” or “self-defense victim”), which differed in the previous information given about the target woman. The Principal Components Analysis reduced the information from the questionnaire to three dimensions: “brittleness” (α = .91), “positive” (α = .786), and “hostile” (α = .809). The MANOVA confirmed the battered woman stereotype and its modification when the victim reacts against the abuser in self-defense: in this case the attribution of brittleness decreases and the attribution of hostility increases. The type of academic training showed significant effects on the stereotype, this being more negative among Law students than among Psychology ones. Law students perceive the target woman in the “victim” condition more hostile and manipulator. As for the “self-defense” condition, Law students attribute less brittleness to the victim, and perceive her more manipulator and dangerous. The effect of the observer's gender on the stereotype is consistent with the previous literature. Implications for professional training and judicial practices are discussed.

scholarly journals Battered woman syndrome and PTSD in women who kill their abusing partner: a study in medical jurisprudence

BJPsych Open ◽  
2021 ◽  
Vol 7 (S1) ◽  
pp. S266-S266
Author(s):  
Sharmilaa Lagunathan
Keyword(s):  
Battered Women ◽  
Medical Condition ◽  
Battered Woman ◽  
Law Reform ◽  
Rapid Review ◽  
Abused Women ◽  
Battered Woman Syndrome ◽  
Women Who Kill ◽  
Partial Defences ◽  
Diminished Responsibility

AimsThe aim of the study was to identify any symptoms or features of Battered Woman Syndrome (BWS) or Post-traumatic Stress Disorder (PTSD) that may be associated with, or explain, abused women killing their abuser; and the extent to which such identified symptoms or features have been deemed, or are potentially relevant, to past and now reformed partial defences to murder in English law. Hence two sub-studies were completed.MethodThe first sub-study identified mental symptoms of BWS or PTSD apparent in battered women who kill their abuser; achieved by identifying relevant research papers, through applying a ‘rapid review’ approach to three databases: PubMed, PsychInfo and PsychArticles. The second sub-study identified by legal research reported Court of Appeal (CA) judgments on women appealing their conviction of the murder of their abusive partner. It then analysed the legal approach taken towards evidence of the effects of abuse upon these women before and after relevant statutory law reform (although no CA cases were identified post-reform).ResultThe first sub-study identified and reviewed six symptoms or features, within three quantitative and three qualitative studies, that appeared to be associated with, or described by, abused women killing their abuser. These included helplessness, symptoms associated with PTSD, plus fear, isolation, experience of escalation of violence and cycle of violence. From the CA cases the perpetrators of killings that occurred prior to 04.10.2010 (the date of law reform) were usually successful in having their conviction overturned based upon diminished responsibility; but not provocation, because of the requirement of ‘sudden loss of self control’. ‘Loss of control’, which replaced provocation, appears highly likely to be capable of reducing murder to manslaughter based upon symptoms of BWS, or PTSD. However, the amended defence of diminished responsibility is likely to exclude evidence of BWS, but allow evidence of PTSD, because of its requirement of the defendant suffering from ‘a recognised medical condition’.ConclusionThis study demonstrated particular symptoms or features of BWS or PTSD associated with abused women killing their abusers plus their very different relevance to two partial defences to murder, pre and post law reform.

Symptoms of Post-Traumatic Stress Disorder Among Battered Women in Lebanon

2014 ◽  
Vol 30 (2) ◽  
pp. 295-313 ◽  
Author(s):  
Christelle Khadra ◽  
Nancy Wehbe ◽  
Jacinthe Lachance Fiola ◽  
Wadih Skaff ◽  
Mona Nehmé
Keyword(s):  
Battered Women ◽  
Post Traumatic Stress Disorder ◽  
Traumatic Stress ◽  
Stress Disorder ◽  
Post Traumatic Stress ◽  
Post Traumatic

Response to Individualized Homeopathic Treatment for Depression in Climacteric Women with History of Domestic Violence, Marital Dissatisfaction or Sexual Abuse: Results from the HOMDEP-MENOP Study

Homeopathy ◽  
2018 ◽  
Vol 107 (03) ◽  
pp. 202-208 ◽  
Author(s):  
Lidia Llanes-González ◽  
Leopoldo Aguilar-Faisal ◽  
Juan Asbun-Bojalil ◽  
Emma Macías-Cortés
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Battered Women ◽  
Post Traumatic Stress Disorder ◽  
Traumatic Stress ◽  
Depression Treatment ◽  
Post Traumatic Stress ◽  
Homeopathic Treatment ◽  
Post Traumatic ◽  
Marital Dissatisfaction

Background Although individualized homeopathic treatment is effective for depression in climacteric women, there is a lack of well-designed studies of its efficacy for depression in battered women or in post-traumatic stress disorder. The aim of this study was to assess the association between individualized homeopathic treatment or fluoxetine and response to depression treatment in climacteric women with high levels of domestic violence, sexual abuse or marital dissatisfaction. Materials and Methods One hundred and thirty-three Mexican climacteric women with moderate-to-severe depression enrolled in the HOMDEP-MENOP Study (a randomized, placebo-controlled, double-blind, double-dummy, three-arm trial, with a 6-week follow-up study) were evaluated. Domestic violence, marital dissatisfaction and sexual abuse were assessed at baseline. Response to depression treatment was defined by a decrease of 50% or more from baseline score of Hamilton scale. Association between domestic violence, sexual abuse, and marital dissatisfaction and response to depression treatment was analyzed with bivariate analysis in the three groups. Odds ratio (OR) and 95% confidence interval (CI) were calculated. Results Homeopathy versus placebo had a statistically significant association with response to depression treatment after adjusting for sexual abuse (OR [95% CI]: 11.07 [3.22 to 37.96]), domestic violence (OR [95% CI]: 10.30 [3.24 to 32.76]) and marital dissatisfaction (OR [95% CI]: 8.61 [2.85 to 25.99]). Conclusions Individualized homeopathic treatment is associated with response to depression treatment in climacteric women with high levels of domestic violence, sexual abuse or marital dissatisfaction. Further studies should be conducted to evaluate its efficacy specifically for post-traumatic stress disorder in battered women. ClinicalTrials.gov Identifier: NCT01635218, URL: http://clinicaltrials.gov/ct2/show/NCT01635218?term=depression+homeopathy&rank=1

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