The purpose of this research paper is to prove that criminal law in America has failed to provide a defense that adequately protects women suffering from Battered Women's Syndrome. Battered Women's Syndrome, or BWS, is a very complex psychological problem facing criminal courts today and has caused great debate on whether or not it should even be allowed in the courtroom. Although the syndrome has been given more consideration as a warranted issue by society, those who create our laws and control our courtrooms, have not developed a defense that sufficiently protects these women. United States courtrooms, instead of protecting battered women, have put these women on trial and found them guilty of murder. The research is divided into four parts to better illustrate each individual topic and to provide for a more clear understanding of the material. The first analysis describes Battered Women's Syndrome and gives background information on its origin. The second part of the research affords case examples of battered women's trials, the defenses used, and the resulting verdicts. The third segment produces data on newly developed defenses and how they would help women justify or excuse their actions. The final portion of the research presents some of the different views held by supporters and critics of BWS. The conclusion of the research is based only on the data that was collected and provides some personal explanations for the problems facing battered women today. Part I: THE BIRTH OF A SYNDROME The theories and explanations for battered women's behavior started in the late 1970's as a result of the oppression of women. Feminist movements in the late 1970's caused great social uproar among legal and political... ... middle of paper ... ...ine when American citizens get involved with the domestic abuse problem. Bibliography: Downs, Donald Alexander. More Than Victims: Battered Women, The Syndrome Society, and The Law. Chicago: University of Chicago Press. 1996. Dubin, Danielle R. "A Women's Cry for Help: Why the United States Should Apply Germany's Model of Self-defense for the Battered Women." Pgs. 1-16. 3-5-99. http://www.nsulaw.nova.edu/pubs/journal/vol2/_1/dubitext.htm. Hilton, N Zoe, ed. Legal Responses to Wife Assault: Current Trends and Evaluations. Newbury Park: SAGE Pub. Inc. 1993. State v. Thomas. Case No. 95-1837-95-1938. OH. Super. Ct. 1997. Lexis-Nexis. State v. VanSickle. Case No. 94APA12-1728. OH. App. Ct. 10th dist. 1995. Lexis-Nexis. State v. Williams. Case No. 66669. OH. App. Ct. 8th dist. 1995. Lexis-Nexis.
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
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.
While there is no official agreement that battered women’s action of killing their abusers should be justified, people need to understand that battered women are in different positions with relation to justice than defendants in general cases of homicide. Perhaps, victim advocates, the judge, attorneys, psychologists/psychiatrists, and social workers from women’s shelters should consider alternative approaches, such as creating a more comprehensive system to review and assess past cases where battered women have been convicted of killing their abusers from a legal, medical, and psychological perspective. Although it may not be practical to alter the law, it is possible to amend the legal system to support those battered women who deserve more freedom from their abuse with fair judgments.
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.
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).
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.
Walker, Lenore. “Battered Wives, Battered Justice.” Cited by Gerald Caplan. National Review. February 25, 1991.
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.
Domestic abuse is a significant and threatening issue in the United States. Sadly, the rates of this shameful violence are increasing. This violence is not limited to the privacy of relationships and homes, it occurs everywhere and in all relationships. Football player, Ray Rice portrayed an act of domestic violence when he punched his wife and knocked her unconscious on February 15 of 2014. Women are heavily affected by this abuse and it’s the leading cause of injuries on women. According to crime reports (qtd. in “Domestic Violence”), one woman is beaten by her husband or partner every 15 seconds in the United States. Also, according to a report (qtd. in “Domestic Violence”), domestic violence is the leading cause of injury to women between the ages of 15 and 44 in the United States, more than car accidents, muggings, and rapes combined. Domestic abuse is not simple, it has a historical context to it, it creates abusive cycles in relationships, and it links to economic statuses.
However, aggressive, violent, and insane behavior acted out against women and children leave its mark, but does not depict anything, but a victim. The very fact that this point has to be made leaves a rational person reeling for it is as if these battered women terrorized and abused themselves. Therefore, it is bizarre that a battered woman defending her life has to develop an insanity plea? Sociological theories explain long held perspectives. It can be said that the abuser is swept up in the patriarchal makeup of society and the man is only exerting his manly rights. In other words, it is assumed that it is a ‘natural state for men to hold a superior position over women’ (Helgeson, 2012, p. 21). The view that women are inferior to men cannot be left out of any research study into domestic violence. This attitude permeates throughout civilization and the effects are harmful. Conclusively it is the patriarchal conceptualized superiority complex that erroneously applies the insanity defense to the victim instead of the
Throughout history, the criminal justice system has formed various different opinions in regards to domestic violence. These range from protecting women, to believing they are strong enough to take care of themselves, and then finally back to protecting victims of domestic violence. These ideologies help convey various differences in public opinions towards domestic violence, and how much blame should be placed on the victims themselves. Through proper research in this area, many criminal justice agencies and lawmakers can develop and implement various policies and laws, which will aim not only to protect the victims, but also to lower re-victimization levels, as well as providing adequate education, punishment, and counselling for those who are the perpetrators of this nasty crime.
Throughout history the woman has been regarded as second class citizens and the thought that a wife or a kept woman had the right or privilege the make an allegation of physical violence or any other type of abuse against the male dominant was absurd. It was considered that the way the male component of any marital or intimate relationship treated the wife or intimate was a closed subject and normal in any relationship (Erez (LL.B. Ph.D.), E. (01/31/2002). The documented abuse and subsequent treatment of women as they were property goes back as far as the 700 BC. The words Domestic Violence were not even in the vernacular of society until the late 1970’s early 80’s. (Domestic Violence: History of Police Responses. (N.D.).
In this article author, McColgan explains many reasons why battered women go to the extreme of killing their abuser. She references some cases where battered woman have killed their abusers because they hit back in the midst of the physical attack, responded to verbal threats by the abuser, used force in the aftermath of the attack or in anticipation of another one, while others were motivated by feelings of revenge. McColgan argues in this article that “self-defense whether at common law or under section 3 of the Criminal Law Act 1967 should be more often considered as a possible defense even in those cases
Battered woman syndrome (BWS) is a phenomenon where a victim of domestic violence ends up killing their abusive partner, usually when they are in a docile state such as being asleep. This syndrome has explained the psychology of an abuse victim and why they do what they do and when. This is a defense a lot of women used in court who are getting charged for killing their abuser. At times, this defense seems to work, letting the victim off without any charges. Unfortunately, there are several cases where women have not been lucky as the prosecution resorts to victim blaming in hopes to disprove that the woman has the syndrome. Examples of victim blaming include claiming that the woman in question could have left the relationship
The battered women's movement highlighted the different ways in which the credibility of women gets attacked in courts. Women are not being treated as victims but are often questioned as if they were the perpetrators. The credibility of women is assessed by their sexuality; women with many previous relationships are seen as promiscuous and wanting the harassment, assault, or abuse. “Activists insisted that women on witness stands not be grilled by their sexual behavior” (Schechter, 300). This reform with institutions is necessary to prevent women from once again being victimized by the courts. Credibility of women is also assessed by their education and socioeconomic background. Women with higher education and a higher socioeconomic background are seen as more likely to tell the truth. They are not fabricating lies about their harassment, assault, or abuse. This dependence on education and socioeconomic backgrounds led crisis center to train women to become legal advocates (Schechter, 300). Credibility is also assessed by whether there was someone else to corroborate their claims (Schechter, 300). The sole word of the woman was not accepted as the truth, someone else needed to have witnessed the harassment, assault, or abuse the woman claims happened. This led to the introduction of battered woman’s syndrome in courts. Women were now portrayed as victims who suffered from long