scholarly journals Expert testimony in cases of battered women defendants; influence of defendant characterization, testimony explicitness and juror gender on individual juror and group jury decisions.

1997 ◽  
Author(s):  
Alison Davis
2004 ◽  
Vol 11 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Regina A. Schuller ◽  
Blake M. Mckimmie ◽  
Teresa Janz

Author(s):  
Samantha Goosen

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.


1991 ◽  
Vol 6 (4) ◽  
pp. 271-282 ◽  
Author(s):  
Mary Dodge ◽  
Edith Greene

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.


1980 ◽  
Vol 4 (4) ◽  
pp. 287-296 ◽  
Author(s):  
Harmon M. Hosch ◽  
E. Link Beck ◽  
Patricia McIntyre

2003 ◽  
Vol 27 (1) ◽  
pp. 37-45 ◽  
Author(s):  
Cheryl Terrance ◽  
Kimberly Matheson

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.


2013 ◽  
Vol 21 (1) ◽  
pp. 1-15
Author(s):  
Cheryl A. Terrance ◽  
Karyn M. Plumm ◽  
Andre Kehn

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