Suffering with Battered Woman Syndrome

Tanya Mitchell frantically called 911 to report a shooting-a shooting she committed. In an act of self-defense against her abusive husband who, at the time, was threatening to kill her, she did what she had to do to save her own life. From her reports, her husband was not only abusive, but that he gave men in his “motorcycle club” permission to gang rape her-while he watched. Specific example of his sadistic abuse include him telling her they were going to get married while holding her at gunpoint, making her play Russian roulette, and even trying to rip off her nails. Her attorneys were going to use Battered Woman Syndrome (to take her psychological health based off of her abuse) as a factor in the case but were not confident it would

I believe that the reason we could never effectively define a battered woman’s syndrome legally is due to this issue is not a “one size fits all” concept. There is more than one symptom

One Afternoon Syke Jones was discovered in his home by his wife Delia and pronounced dead due to a venomous snake bite. Soon after it was brought to the attention of the court that Delia has been charged with the case of his death. The case has been examined by the Jury on all accounts from the defender and prosecutor. We, the Jury, find Delia Jones not guilty on account of all chargers of murder or manslaughter. The Jury has come to this conclusion due to there being no intention of death on her part, she suffers from Battered Women’s Syndrome, And that she seems to be no threat to society then, now or in the future.

Because woman strike back at their abusers; battered woman’s syndrome has been used in courts as a plea when their actions were believed to be in self-defense (Hodell et. al, 2011). And when a battered woman kills her abuser, they must convince a jury of the rationality of her lethal actions to successfully advance a plea of self-defense (Schuller et al., 2004). When jurors believe that under the given circumstances a defendant’s behavior was justified under the law a jury can find a defendant not guilty by reason of self-defense (Hodell et al., 2011). Recent research in case’s of self-defense suggest that when using the battered women’s syndrome certain characteristics of the defendant could interfere with the accused sentencing (Russell, Ragatz, & Kraus, 2012).

The report responding to section 40507 of the Violence Against Women Act from the U.S. Department of Justice Office of Justice Programs, National Institute of Justice, and the U.S. Department of Health and Human Services- National Institute of Mental Health determined that:

When looking into Battered Woman Syndrome it is a relatively new defense and standing point in the court of law compared to other methods. This defense has also gained a ton of scrutiny in its time as it is a very vague defense and can be used in a multitude of situations in which it does not exactly apply as it would to others. I personally feel that this defense can be very helpful to women who truly need it, and it provides a cover for women who truly don’t need to be protected and need to be persecuted to the fullest extent of the law for the crimes which they have committed. This is something we went over for a journal and it interested me a great deal, especially with the case of Susan Wright.

Even though Battered Person/Women Syndrome is now more of an accepted argument in a court of law because of it the result of a great deal of psychological abuse and stress, there is still controversy surrounding it. Because of this, the legal definition of battered person syndrome relates to the Oakes Test because of limiting interpretation within the Criminal Code. Which further causes an “overriding [of] a constitutionally protected right or freedom.” Simon Fraser University, n.d.) In other words, because Section 718.2a through e of the Criminal Code - R.S.C., 1985, c. C-46 completely ignores whether or not the offender themselves were abused for months or even years on end before they committed an offence, therefore it not only puts on

In R v. Runjanjic and Kontinnen (1991), Chief Justice King explained the effects of ‘Battered Woman Syndrome’; a theory which is used to invoke why women kill their abusive partners “their (women) reactions and responses differ from those which might be expected by persons who lack the advantage of an acquaintance” (Lenore Walker, 2012). Walker argues that the syndrome would influence the abused individual to make decisions which appear illogical to a typical person. A common person would leave an abusive relationship rather than kill for self-preservation, whilst the syndrome would influence the victim to kill. In the case R v. Runjanjic and Kontinnen (1991) the loss of this ability is clear as the defendant’s lawyer claimed , “Though she doesn’t consciously remember her decision-making process, Kontinnen grabbed a shotgun and shot Hill in the back of the head”(Bradfield, 2011). The fact that Kontinnen cannot remember what caused her to make the decision to kill the deceased displays the effect violence has had on her mental health. Defendants using the defence of ‘Killing for preservation in an abusive relationship’ should have the opportunity for a full acquittal, as their damaged mind takes control of their decision

According to The Centers for Disease Control and Prevention and The National Institute of Justice, one in four women in the United States has experienced domestic violence during her lifetime (Battered Woman Syndrome, 2012). This type of abuse can be fatal and detrimental to one’s personal growth. When woman are repeatedly abused, they show different signs, symptoms and general characteristics. These characteristics are defined as Battered Woman Syndrome.

BWS was first introduced in the 1970’s due to the phenomenon of women killing their batterers. This legal justification has criteria that must have been in place for this justification to come back with a not guilty verdict. The central criteria are that the threat must have been imminent, there was a recent battering and the victim must feel that the abuse will continue and eventually cause death. The victim ultimately fears for her life, and her children, and therefore feel that her only way out of the situation is to kill her intimate partner. More than ever today, PTSD is used to justify a broad range of mental health problems that enables someone to commit crime, including women who kill their batterers.

Domestic Homicide is the killing of one person by another within the household. Many cases of domestic homicide take place each year. A third of all murders are committed by women. There is also a forty-one percent chance that a woman was the murderer in a spouse murder trial (Dawson 1). Women should have their cases taken seriously and not with sympathy just because they are smaller and weaker than their counterpart. There are Laws and Protection Orders provided throughout the United States, so women should not have to deal with any type of violence or abuse. If they aren’t treated with violence, then there shouldn’t be any reason for women to try to kill their abusive husband. Women should be tried for murder of their

The samples of battered women who are studies are almost exclusively made up of women who came forward and sought help or shelter. These samples are probably not representative of battered or raped women. They might be the most troubled of battered women or raped women, who sought help because of their distress; or they may be the healthiest of battered women, who still have the resources to seek services. The most distressed may not have requested help because they are immobilized. Depending upon the formulation of which current samples represent, the psychological distress of battering may be over or underestimated (Johnson, & Beight, 2003).

(Battered Woman's Syndrome). If it is confusing because BWS is not a legal defense but the

Battered women’s syndrome develops from psychological conditions that manifest from prolonged physical, verbal, and sexual abuse from one’s partner or spouse (Greene & Heilbrun, 2014). Mary Winkler suffered this type of abuse from her husband Matt Winkler who happened to be a minister for a Church of Christ in a small town in Tennessee. She eventually murdered her husband while he lay asleep in bed by shooting him in his back with a shotgun. Mary claimed that she and her husband were arguing over money and he was criticizing her for everything, beating her down emotionally to point where she just snapped (True Crime XL, 2014).

In order for the Battered Woman Syndrome claim to be used expert testimony is essential. This is needed in order to give matter to the argument that justifies what the woman did. It is also needed because there needs to be an explanation of the Syndrome to juries, in away they can understand. Learned helplessness and other scientific knowledge need to be explained in order for the jury to understand. To understand what the woman is going through, what she was thinking at the time she committed the crime, and that she did it (murder her abuser) it because she honestly felt that it was the only solution in getting the “cycle of violence”. First, the women must show that she is able to prove either through her own testimony or through the testimony of other witnesses that she is a “battered woman”. She must then provide proof that the expert who she has chosen is qualified in the field. Some think that the defense based on Battered Woman Syndrome is an insanity defense, because of the experts who are brought in to explain the characteristics of the syndrome, psychologists or psychiatrists. Also because the word “syndrome” is often used to describe mental illnesses. “First her husband, now the courts”, is what one of the signs read at a march during