The Battered Woman Syndrome and Criminal Law Essay

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

For centuries domestic violence has been perceived as a private matter private of which the government has not been concerned about nor was it considered the government’s business to intervene on behalf of a battered spouse. The unlawful nature of this failure for state or federal government intervention against this crime contributed to the systematic abuse of women in the family. The traditions, customs, and common law found in both British and American societies continued right up until the last decade of the 20th century and left the battered wives and very frequently, her children, at the mercy of the husband. It wasn’t until the 1990’s when the government began to do something to protect mothers, wives, and lovers from intimate

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:

Domestic violence, alternatively referred to as Intimate Partner Violence, is defined by the Department of Justice as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.” While domestic violence is commonly thought of as only physical or sexual abuse, domestic violence can also be emotional, economic, or psychological. Domestic violence has remained constant in society throughout history, even though over time society’s response to the issue has changed. While domestic violence affects everyone regardless of race, gender, age, etc. it is estimated that approximately 90% of all victims are women. For the purpose of this paper, I will be focusing on

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 battered woman syndrome turned out to be recognized in Canadian courts in the verdict made in R. v. Lavallee. In the case, the Supreme Court of Canada recognized the battered woman syndrome inside the circumstances of spousal homicide. Before Lavallee in 1990, the legal prerequisites for self-defense in conjunction with the legal exploit of the phrase ordinary man to decide reasonableness failed to consider disparities in size and strength amid males and females plus the truth that battered women have encountered constant violence.

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

On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million women and men. 1 in 3 women and 1 in 4 men have been victims of some form of physical violence by an intimate partner within their lifetime. When judges come across domestic violence cases, they are often frowned upon. Because we live in a world there are huge double standards when it comes to domestic violence and our men are on the bad end of the deal. When a man commits domestic violence he is punished very harshly. But when a woman commits domestic violence she gets cheers, chuckles or is all too often ignored.

This began to change in the 1980s, as women’s groups were organized locally and internationally to demand attention to the physical, psychological, and economic abuse of women (p.369-370). Domestic violence is a serious social issue that happens to many women in our world today. This type of abuse is not declining but continually rising on a daily basis. There have been issues in the past with the way these cases were being handled. Today, there has been some improvement concerning the laws that have been enforced in order to protect women from this type of abuse. There has been extensive research done on this issue in the past concerning domestic violence. Over the last ten years there have been a number of surveys on domestic violence that have been published from around the world.

When it comes to describing domestic violence all that comes to mind is a woman or man being physically abused or being mistreated and humiliated by another person. You may think that since domestic violence is a serious concern the criminal justice system has taken actions to stop or prevent it. In reality the system is failing these women and some are getting seriously hurt or even killed. Domestic violence was not that popular before the Tracy Thurman case. Ever since the case was shown to the public domestic violence awareness increased. It captured the attention of the public through the media.

The controversial concept of Battered Woman Syndrome (BWS) is a psychological theory that aims to explain the behavior of certain women who suffer abuse from their husbands, partners, or significant others. The theory was first proposed and introduced by Dr. Lenore Walker in the 1970’s based on her clinical observations. It then quickly became a common way to validate criminal behavior of women who were charged with the murder of their partner, however since the syndrome wasn’t confirmed through scientific research as a real disorder, it didn’t enjoy widespread support from the forensic psychologist’s community.

Domestic violence became a realization and a serious concern in the mid 1970’s for many Americans. “This realization is due to the women advocating on behalf of the battered women movement”

There are many different types of domestic violence. Physical abuse is the most obvious form, but this is not to say that outsiders always recognize it. Generally, physical violence causes bodily harm, using a variety of methods. Slapping, pushing, throwing, hitting, punching, and strangling are only a few methods. An object or weapon may or may not be used. There is not always physical evidence of physical abuse such as bruising, bleeding, scratches, bumps, etc., therefore, absence of physical marks does not necessarily mean physical abuse had not occurred. Physical abuse sometimes escalates to murder (Morris and Biehl 7, Haley 14-17).

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

Domestic violence used to be considered a private family matter and was not considered a societal problem until feminists in the 70's started pushing the matter. Beginning in the 1970’s, social policy toward female victims of domestic assaults focused on improving legal response and