The Battered Woman Syndrome and Criminal Law

3849 Words16 Pages
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.
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