Abstract
Battered Woman’s Syndrome (BWS) was largely developed in the late seventies and early eighties by Lenore Walker, a psychologist and researcher of domestic violence. ... The temporary insanity defense posed a problem since psychological evaluations could show that they knew what they were doing at the time and that they knew it was wrong, therefore showing that they were not insane when they killed their abusers. BWS as a defense gave women a chance to show the legal system that their reaction was a reasonable self-defense reaction for a person in their situation.
Battered Women’s Syndrome as an Affirmative Defense
History
Explanation of BWS
To understand battered womans syndrome, one must first understand how someone becomes a “battered woman”. ... Walker, the nations most prominent expert on battered women, a woman must experience at least two complete battering cycles before she can be labeled a “battered woman”. ... (Walker, Terrifying Love, p102)
Pertinent Cases
Battered womans syndrome has been used in criminal cases since the late 1970s. ... 1992) states that “Battered woman syndrome describes a pattern of psychological and behavioral symptoms found in women living in battering relationships.”
Although a few cases concerning battered womans syndrome were heard in the late 1970s, the true case of importance was State v. ... Kelly stated that the battered woman syndrome is admissible to aid juries in assessing a defendants perception of danger posed by the abuser. Evidence of BWS not only explains how a battered woman might think, react or behave, it also places the behavior in an understandable light. ... 1, 929 F2d at 1241 rejected Arcorens argument that the experts testimony regarding BWS should be limited to cases where it was offered to support a claim of self-defense.
Battered womans syndrome has recently been used in juvenile, divorce and custody actions. ... “It is clear that the trial court considered battered womans syndrome. ... to determine whether defendant was a battered woman. The Court allowed the expert to testify as to battered womans syndrome and the effects of battering upon the victim and any children involved and was allowed to give his opinion that the defendant manifested battered womans syndrome.”
Expert testimony concerning battered womans syndrome, permitted in 31 states, is still a rather new area of the law. ... In these civil-law cases, BWS has been used by the court in determining a mothers state of mind and why her actions or non-actions were consistent with the syndrome. (Schuller, “Expert Testimony…” 655-673)
The Arguments
Argument for Using BWS as an Affirmative Defense
Battered woman syndrome claims that battered women are psychologically traumatized and therefore not responsible for their violent actions. ... BWS is a legal defense available to women and the courts should not bar anyone from a valid legal defense. (Belt “Battered Defendants” 170)
Now that BWS has gained recognition, the defense can serve as another tool to defend women accused of crime. The BWS is not limited to only homicide cases and it can be used to support duress where the woman asserts she committed a criminal act because she was forced to do so by her boyfriend and/or spouse. (Belt “Battered Defendants” 170)
Battered Woman Syndrome has become a successful defense for women who, having suffered years of brutal, physical abuse, and having been failed by their families, the police, and the courts, finally kill their abuser to save their life, and sometimes their children’s lives. When defense lawyers are permitted to explain a woman’s terror, isolation, and powerless as battered woman syndrome, prosecutors, judges, and juries are able to see battered women’s circumstances more clearly and deal with them more fairly.
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