How have claims of battered woman syndrome fared in court? Discuss self-defense in the context of battered woman syndrome.

Question

What will be an ideal response?

Answer 1

Answers may vary.A battered woman's claim of self-defense often faces both legal hurdles and the skepticism of jurors. These obstacles might account for the fact that the majority of battered women charged with murdering their abusive partner are convicted. Historically, a claim of self-defense has applied to homicides in which, at the time of the killing, the individual reasonably believed that he or she was in imminent danger of death or great bodily harm from an attacker. The defense was usually invoked in cases in which a specific attack or fight put defendants in fear for their lives; however, the typical case in which a battered woman relies on a theory of self-defense to clear her of charges of murdering her partner is much different. The violence does not involve a specific episode; rather, it is ongoing. The woman's response may seem disproportionate to what a "reasonable" person believes was necessary; often she kills her abuser while he is unarmed or sleeping.Some mock jury research has explored the effect of expert testimony in a criminal homicide case in which the defendant was a battered woman. Participants were more inclined to accept the woman's claim of self-defense when they heard from an expert testifying for the defense. In addition, compared to the no-expert control condition, those exposed to expert testimony on battered woman syndrome believed that the defendant's options were far more limited.But any use of battered woman syndrome in legal proceedings provides a good example of how this (as well as other) mental health syndromes and diagnoses must be carefully considered for their relevance and accuracy in court. One particular critique of the battered woman syndrome notes that (a) there is no single profile of a battered woman; (b) there is no single profile of the effects of battering; (c) the name of the syndrome itself is vague, without a clearly defined set of criteria to operationalize it; (d) battered woman syndrome (or any other syndrome or diagnosis) is not uniquely relevant to understanding domestic violence; (e) the relevant information needed in such cases extends beyond the psychological impact of battering, to include the dynamics of violence, the victim's responses, the short- and long-term outcomes of these efforts, and the context of the abuse; and (f) the term creates an image of pathology. Even a syndrome that appears directly relevant to the facts of certain kinds of cases, therefore, should be considered with healthy skepticism to avoid relying more than is justified on the presence of a syndrome.