When battered woman’s syndrome has been used as a plea of self-defense, especially in cases of homicide, it has highly been scrutinized. According to recent research, characteristics associated with the syndrome form a standard that jurors use to judge battered women. This study would evaluate how characteristics of a defendant would affect a juror’s legal decision-making, in a case of a woman pleading not guilty under terms of self-defense, who were suffering from battered woman’s syndrome. To discuss the role of the battered women’s syndrome in relation to how characteristics of a victim affect legal decision-making it is important to define what battered women’s syndrome is. Battered women’s syndrome is the array of physical and psychological injuries exhibited by women who have been beaten repeatedly or otherwise abused by their partners or spouses (Dutton & Painter, 1993). More specifically women feel helpless or a lack of control and do not leave their abusive partner. According to Russell, Ragatz, and Kraus (2012) Lenore Walker (1984) theorized that battered women experience a three-phase cycle of abuse through learned helplessness: 1) the tension building up to the abuse, 2) acute battering and abuse escalation, and 3) remorse for the violence exhibited by the abuser toward the victim. She argued that battered women believe that the abuse they withstand was their fault, and as a result, stay in the relationship. Learned helplessness can be applied to help explain why a woman would stay in an abusive relationship, or explain a woman’s sense of “psychological paralysis” (Schuller & Rzepa, 2002). This is because of the repetitive and unpredictable nature of the violence, woman are reduced to a state of continual fear, leav... ... middle of paper ... ...f the battered person syndrome, defendant gender, and sexual orientation in a case of duress: evaluating legal decision. Journal of Family Violence, 27, 659-670 Russell, B. L., & Melillo, L. S. (2006). Attitudes toward battered women who kill: defendant typicality and judgments of culpability. Criminal Justice and Behavior, 33, 219-241 Schuller, R. A., Wells, E., Rzepa, S., & Klippenstine, M. A. (2004). Rethinking battered woman syndrome evidence: the impact of alternative forms of expert testimony on mock jurors’ decision. Canadian Journal of Behavioral Science, 36, 127-136. Schuller, R. A., & Rzepa, S. (2002). Expert testimony pertaining to battered woman syndrome: its impact on jurors decisions. Law and Human Behavior, 26, 655-673. Schuller, R. A., & Vidmar, N. (1992). Battered woman syndrome evidence in the courtroom. Law and Human Behavior, 16, 273-291.
The staggering truths about domestic violence are evident in every town, city, state and nation! Furthermore, it is a criminal offense that does not discriminate against color, creed, gender, or socioeconomic status! Marcy was all too familiar with the horrific dangers of this crime. In fact, domestic violence took Marcy through her own private hell and learning the difficult lessons of life, including the ones that no one discloses. At the budding age of nineteen, her first true love, Barry, was promising marriage with the hopes of starting a family. Barry was charming, romantic, and completely devoted to Marcy! He seemingly was the perfect man, the man of her dreams, and the man who evolved into a monster. Marcy was criminally beaten and mentally broken! Moreover, Marcy is one of the millions who have fallen prey to these devastating and horrendous acts of violence. The following research will inform you of the staggering statistics, the predicting indicators, including battered women’s syndrome, the tactics of abusers, and the laws against domestic violence.
First I would like to address the definition of Battered Woman Syndrome. Battered Woman Syndrome (BWS) is a condition often used by the defense in cases like this one to relieve the defendant of some or
The battered woman syndrome is more of a psychological issue so sometimes the judges may have a hard time understanding the underlying causes that lead to the victim making the choice that he or she did. At times it would not be allowed to be used in
Battered women constitute one of the most marginalized groupings in the social order. Their relationship incidents occasionally put these individuals into disagreement with the law, particularly when they murder their violent partners. The Battered woman syndrome (BWS) was created by clinical psychologist (1970’s) with an intention of depicting the series of occurrences that physically abused women frequently experience in their relationships.
An abused woman is always faced with a number of different choices from which she may consider, with regards to seeking help or ending the relationship with a variety of alternatives, the woman knows each decision involves a variety of risks. Time after time, the common question arises, “why doesn’t she just leave?” This question can be answered by analyzing the psychological effects domestic abuse has on women. Many women are unable to cope with the emotional and psychological stress of domestic abuse and resort to violence and extre...
The question raised in the Hawthorne v. State amicus was related to the expert testimony of Dr. Lenore E. Walker, a Clinical Psychologist with extensive involvement in the study and research of “battered woman syndrome.” Amicus indicated Dr. Walker’s testimony would provide the Trier of facts with expert opinion on a battered woman’s belief that resorting to the use of deadly force against her husband was required, if the woman had perceived imminent death or bodily hard to herself and/or her children. Dr. Walker would clarify battered woman’s syndrome to the jury including clarifying all the relevant stages, cycles of violence, symptoms and reasons why women choose to stay with the abuser.
Stark (2006) would suggest that thirty years of research has failed to produce a consensus as to what constitutes a case of domestic violence considering that 90% of women who report the abuse have no physical injuries. Methods of coercive control do not meet the criminological viewpoint rather, control extends to financial, emotional, and psychological aspects of subjugating the partner thus no physical violence occurs. If only violent means are reported, then the reported number of victims would perhaps change thus creating a more gender symmetrical pattern. Until operational definitions are defined throughout the disciplines with consistency then there will continue to be discrepancies and opposing views. However, integrative theories of feminist views are being explored which investigate the intersection of not only male dominance as a form of oppression but the use of race, class, national origin, age, sexual orientation, and disability and their impact on intimate partner violence as stated by McPhail and colleagues
The Battered Woman Syndrome (BWM) is a syndrome whereas women react in a certain manner because of repetitively physical or psychological abused imposed on them by their mates. The Battered Woman Syndrome (BMW) is not limited in one area or location it is a problem that is occurring all over in the world (2009, pg. 148). Like every other issue in the world criticism come into play by psychologists and others when someone claims that they are victims of the Battered Woman Syndrome or the Battered Woman Defense when they are taken to trial for killing their batterers (BMW) (2009, pgs. 162-163).
In her 1979 book "The Battered Woman", Dr. Lenore Walker first came up with what is now known as battered woman syndrome. Put simply, battered woman syndrome, or BWS as it is sometimes called, is a group of psychological symptoms that are easily recognized in women who have been physically, sexually, or psychologically assaulted by their domestic partner. According to Dr. Walker, "Battered woman syndrome presents evidence that the syndrome is part of a recognizable pattern of psychological symptoms called post-traumatic stress disorder (PTSD) reported to be produced by repeated exposure to trauma such as the physical, sexual, and/or serious psychological assault experienced by battered women" (Gelles 133). Because battered woman syndrome is considered to be in the same category as PTSD, it does not have its own classification in the Diagnostic and Statistical Manual of Mental Disorders third edition, also known as the DSM-III.
The Akers’ social learning theory argues that men who perpetrate violence against their female partners do so because they have learned the behaviour from the environment. They have learned it through exposure to it through witnessing or directly experiencing violence as children, and they have therefore learnt that violence is appropriate whenever conflict arises, their peers and family members approve of the violence and they are of the view that the benefits of the violence far outweigh the costs (Zavala, Melander, & Kurtz, 2015). The object relations theory argues that the violence is mainly due to intrapsychic challenges stemming from a pathological relations with a primary caregiver as an infant (Zosky, 1999). The feminist theory on the other hand, argues that a patriarchal society which privileges men and subjugates women contributes to violence as men use their power to exert their control over women (McPhain, Busch, Kulkarni, & Rice, 2007).
“Gender violence is one of the world’s most common human rights abuses”. Women worldwide ages 15 through 44 are more likely to die or be maimed because of male violence than because of cancer, malaria, war, and traffic accidents combined. people can perceive violence against women as evil and tolerate it at the same time” (Belknap, page 288). This quote depicts the many obstacles that women face when victimized in the criminal justice (CJ) system.
There are many cases where self- defense has been used as a plea where the victim felt they were in harms’ way or unable to escape a specific situation that ended badly. The definition for self- defense is: 1. Defense of oneself when physically attacked 2. Defense of what belongs to oneself, as ones work or reputation 3. (Law) the right to protect oneself against violence or threatened violence with whatever force or means reasonable or necessary. According to an expert on battered women, a woman must experience at least two complete battering cycles before being labeled a battered woman. (Walker) According to Dowd, “he believes the proper use of BWS assists the fact finder to understand the state of mind of the battered woman at the time she fought back against her abuser.”(1) Women should be able to use BWS as a plea when habitual abuse occurs within a relationship with a significant other and results in violence or worse death.
Thesis: In my paper, I will be examining the different types, possible causes, and effects of Intimate Partner Violence, and what treatments or programs are available to combat this growing problem in America. Regardless of differing approaches to fight it, statistics show that women all across the world suffer from the effects of domestic violence at a similar rate independent of class, race, or religion.
“He loved me and he beat me. I loved him and I took it. It's as simple as that, and as stupid and complicated. It's terrible. It's like knowing someone you love is dead but not having the body to prove it. He loved me. I know it.”(Doyle). I feel as if many domestic partners have said this or may have felt this way. I often wondered why some women stay in abusive relationships and you don’t realized how often domestic violence happens until you hear one of your family members going through it. The most common reasons found with women staying in an abusive relationship is fear, love, and low self –esteem. So we must ask ourselves why do some women stay in abusive relationship?
According to the textbook, Victimology Legal, Psychological, and Social Perspectives the fourth edition, written by Harvey Wallace and Cliff Roberson, many victims experience the battered woman syndrome. Based on this theory a woman gradually becomes immobilized by fear and believes that they have no other option. The victim from this study shows that in her description of her abuse. Another theory that was shown by the victim is the traumatic bonding theory. The victim left the abuser several times but each time her immediate fears began to diminish and her hidden attachment to her abuser began to manifest itself and she went back to the abuser. The cycle theory of violence introduced by Lenore E. Walker is one way to explain why victims may