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.

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.

scholarly journals Building a Law of Human Rights: Roncarelli v. Duplessis in Canadian Constitutional Culture

2011 ◽  
Vol 55 (3) ◽  
pp. 437-460
Author(s):  
Eric M. Adams
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Intellectual History ◽  
Law School ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
The Supreme Court ◽  
Constitutional Culture ◽  
History Of

This article reveals how audiences, especially in anglophone Canada, initially received and interpreted Roncarelli v. Duplessis as a case, above all, about human rights. Ignoring the judgment’s myriad complexities, commentators eagerly situated the case within the Supreme Court of Canada’s “implied bill of rights” jurisprudence then taking shape. Part of the reason for the emphasis on Roncarelli’s rights can be traced to the manner in which Frank Scott and Louis Stein argued the case, and the language of rights employed by Justice Ivan Rand’s iconic judgment. But Roncarelli’s meaning also took shape in press accounts and editorials, radio broadcasts, case comments, and law school lectures. Exploring these often-neglected sources, this article exposes the role of constitutional culture in creating jurisprudential meaning. In turn, it also calls for greater recognition of the pre-Charter Supreme Court of Canada in contributing to Canada’s intellectual history of rights.

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.

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.

scholarly journals A Choice among Values: Theoretical and Historical Perspectives on the Defence of Necessity

1969 ◽  
pp. 848 ◽  
Author(s):  
Benjamin L. Berger
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Historical Perspectives ◽  
Theoretical Approaches ◽  
A Value ◽  
Canadian Law ◽  
The Supreme Court ◽  
History Of ◽  
The Law ◽  
The Way

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a robust defence of necessity, which would acknowledge that, in some circumstances, pursuit of a value of greater worth than the value of adherence to the law can be justified.

Repeat Litigators and Agenda Setting on the Supreme Court of Canada

2002 ◽  
Vol 35 (4) ◽  
pp. 811-833 ◽  
Author(s):  
Roy B. Flemming ◽  
Glen S. Krutz
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Statistical Models ◽  
Comparative Research ◽  
The United States ◽  
Supreme Court Of Canada ◽  
High Courts ◽  
The Supreme Court ◽  
Selection Of

The expanding public policy role of high courts heightens concerns over whether societal and political inequalities affect the outcomes of litigation. However, comparative research on this question is limited. This article assesses whether status inequalities between parties and differences in the experience and resources of attorneys influence the selection of cases for judicial review in the Supreme Court of Canada. A series of statistical models reveal that governments are more likely than other parties to influence whether leave is granted but that the experience and resources of lawyers, unlike in the United States, have little impact. The decentralized, low volume and high access features of the Canadian process may explain this finding.

The admissibility of expert testimony on the battered woman syndrome in homicide cases

1994 ◽  
Vol 22 (4) ◽  
pp. 527-560 ◽  
Author(s):  
Anita Neuberger Blowers ◽  
Beth Bjerregaard
Keyword(s):  
Expert Testimony ◽  
Battered Woman ◽  
Central Issue ◽  
Appellate Court ◽  
Court Decisions ◽  
Battered Woman Syndrome

This paper examines the issue of the battered woman syndrome in homicide cases where the woman killed her abuser. In particular, state appellate court decisions where the admissibility of the battered woman syndrome was a central issue are analyzed to determine the extent to which courts have been admitting or excluding expert testimony in these cases. Our findings suggest that although courts today are more willing to accept expert testimony on the battered woman syndrome, there is a lack of uniformity among the courts regarding the criteria utilized to determine admissibility.

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