scholarly journals Battered Women and the Requirement of Imminence in Self-Defence

2017 ◽  
Vol 16 (1) ◽  
pp. 70
Author(s):  
Samantha Goosen
Keyword(s):  
South African ◽  
Battered Women ◽  
Expert Testimony ◽  
Battered Woman ◽  
Limited Extent ◽  
Number Of Factors ◽  
Individual Perception ◽  
The Law ◽  
Reasonable Woman Standard ◽  
Self Defence

Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most notably the establishment of the "reasonable woman standard" as advanced in the case of S v Engelbrecht 2005 (92) SACR 41 (W) - has moved the law of self-defence into the realm of subjectivity. The end result not only undermines self-defence as a justification defence, but is also unworkable for a number of reasons. For instance, utilising expert testimony to explain how the battered woman’s syndrome affects individual perception would leave a judge with no meaningful way to determine if that abused woman’s belief in the imminence of danger was reasonable, even if viewed from her distorted perspective. It is suggested that no reference need be made to the "reasonable battered woman", since South African courts already do this to a limited extent by taking a number of factors into account in determining if the abused woman acted reasonably. By rethinking certain factors in the situation as a set of relatively innocuous normative propositions, the abused woman’s actions can be judged in accordance with standard propositions in the law of self-defence.

Juror and Expert Conceptions of Battered Women

1991 ◽  
Vol 6 (4) ◽  
pp. 271-282 ◽  
Author(s):  
Mary Dodge ◽  
Edith Greene
Keyword(s):  
Empirical Research ◽  
Battered Women ◽  
Subject Matter ◽  
Expert Testimony ◽  
Battered Woman ◽  
Spousal Violence ◽  
Research Findings ◽  
The Subject ◽  
Strong Consensus ◽  
Empirical Foundation

The admissibility of expert testimony at the trial of a battered woman defendant is very controversial. Some courts allow the testimony, others do not. This study focuses on two criteria judges use to determine admissibility and attempts to provide an empirical foundation that can assist their decisions. First, the area of study about which an expert testifies must be shown to be reliable and valid. Second, the subject matter of the testimony must be beyond the ken of the average juror. The first criterion was addressed by assessing the opinions of 45 researchers in the field of spousal violence. The second criterion was examined by evaluating the knowledge of 141 jurors about myths and empirical research findings associated with battered women. Results indicate that researchers showed strong consensus on 14 of 18 issues included in a survey about the reactions of abuse victims, and that compared to these “experts,” jurors have limited knowledge on these issues. These results suggest that many of the scientific fmdings concerning battered women are reliable and that the information is often beyond the ken of the jury. The fmdings argue for the use of expert testimony in certain cases involving battered woman defendants.

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 The Dynamic Evolution of International Law – The Case for the More Purposeful Development of Customary International Law

2018 ◽  
Vol 49 (4) ◽  
pp. 561
Author(s):  
Bill Campbell
Keyword(s):  
International Law ◽  
New Technology ◽  
Islamic State ◽  
New Developments ◽  
Customary International Law ◽  
The Public ◽  
Number Of Factors ◽  
The Subject ◽  
The Law ◽  
Self Defence

A fundamental underpinning of the ongoing relevance of international law is that of its ability to adapt and change to meet new developments and challenges including new technology, new (or newly developing) threats to both the public and the international order and newly developed practices, for example trans-border corporate and taxation practices. How then to effect that change? The timely negotiation of treaties to deal with the subject matter of these new developments and challenges would be ideal but can be difficult due to a number of factors. The answer could lie in the more purposeful and expeditious development of customary international law – that is, by taking coordinated action, and by publicising that action and its legal basis.This will not result in changes to the law of the detail that might be expected in a treaty, but it could address particular issues of moment. Indeed, individual states may well see themselves as having no option but to take action to meet time sensitive and critical aspects of new developments and global challenges either alone or in concert with others with a view to the development of a more widespread custom. Initial characterisation of some such action as "illegal but justified" (or words along those lines), whilst a contradiction in terms, does at the very least point to a real need for a change in the law. An example of such purposeful action may well be the development of the customary international law of self-defence to support the use of force against non-state actors in certain circumstances – such as the force used by a number of states against the Islamic State of Iraq and the Levant (ISIL) in Syria on the basis of the collective self-defence of Iraq.

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.

South African Animal Legislation and Marxist Philosophy of Law

Cultura ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 23-28
Author(s):  
Luis CORDEIRO-RODRIGUES
Keyword(s):  
South Africa ◽  
South African ◽  
Social Reality ◽  
Marxist Philosophy ◽  
Philosophy Of Law ◽  
Berlin Wall ◽  
Animal Farming ◽  
Animal Law ◽  
The Law ◽  
Farming Industry

Marxist Philosophy as an explanation of social reality has, since the fall of the Berlin Wall, been largely neglected. However, some philosophers have contended that it may still be relevant to explain today’s social reality. In this article, I wish to demonstrate precisely that Marxist philosophy can be relevant to understand social reality. To carry out this task, I show that Marxist philosophy of law can offer a sound explanation of Animal law in South Africa. My argument is that South African law is a superstructure that reinforces the power of the animal farming industry in South Africa. That is, the hidden purpose of the law is to benefit the industry. In order to argue for this, I present two sets of arguments. The first set argues that the law facilitates the functioning of the animal farming industry. In the second set of arguments I contend that the law socialises individuals into approving the methods of slaughtering by the animal farming industry.

scholarly journals The Danger for an Underestimation of Necessary Precautions for the Admissibility of Admissions in Section 219A of the South African Criminal Procedure Act 51 of 1977

2019 ◽  
Vol 31 (1) ◽  
pp. 81-120
Author(s):  
’Mampolokeng ’Mathuso Mary-Elizabet Monyakane
Keyword(s):  
South African ◽  
Criminal Procedure ◽  
Prima Facie ◽  
The South ◽  
Simple View ◽  
The Law ◽  
Criminal Matters ◽  
Law Of Evidence

AbstractThe Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared to the admission of a confession. The admissibility of confessions against their makers does not come as easily as that of admissions. There are many prescribed requirements to satisfy before confessions are admitted as evidence. This comparison has led to a questionable conclusion that requirements for the admissibility of admissions are of a less complexity equated to the requirements for the admission of confessions. This paper answers the question whether an inference that the requirements for the admissibility of admissions are of a less complexity compared to the requirements for the admission of confessions is rational? It equates this approach to the now done away with commonwealth states rigid differentiation perspective. In the 1800s the commonwealth states, especially those vowing on the Wigmorian perspective on the law of evidence, developed from a rigid interpretation of confessions and admissions and adopted a relaxed and wide definitions of the word, “confession.” To this extent there was a relaxed divide between confessions and admissions hence their common classification and application of similar cautionary rules. The article recounts admissibility requirement in section 219A of the South African Criminal Procedure Act 51 of 1977 (CPA) (Hereinafter CPA). It then analyses Section 219A of the CPA requirement in the light of the rationale encompassing precautions for the admission of confessions in terms of 217(1) of the CPA. It exposes the similarities of potential prejudices where confessions and admissions are admitted as evidence. It reckons that by the adherence to this rigid differentiation perspectives of confessions and admissions which used to be the practice in the commonwealth prior the 1800s developments, South African law of evidence remains prejudicial to accused persons. To do away with these prejudices this article, recommends that section 219A be amended to include additional admissibility requirements in section 217(1). In effect it recommends the merging of sections 217(1) and 219A of the CPA.

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