BATTERED WIVES WHO KILL - DOUBLE STANDARD OUT OF COURT, SINGLE STANDARD IN?

• NCJ Number: 57804
• Journal: Law and Human Behavior Volume: 2 Issue: 2 Dated: (1978) Pages: 133-165
• Author(s): N FIORA-GORMALLY
• Date Published: 1978
• Length: 33 pages
• Corporate Author: Plenum Publishing Corp
• Sale Source: Plenum Publishing Corp
• Language: English
• Country: United States of America
• Note: PRICE QUOTED IS FOR SINGLE ISSUE

Annotation

THE LAW REGARDING MURDER, MANSLAUGHTER, AND SELF-DEFENSE AND ITS APPLICABILITY TO THE BATTERED-WIFE DEFENDANT ARE DISCUSSED, ALONG WITH SOCIOCULTURAL NORMS IN REGARD TO WOMEN USING THE 'REASONABLE MAN' STANDARD.

Abstract

MANSLAUGHTER IS GENERALLY USED BY THE COURTS TO REDUCE THE HARSHNESS OF A PENALTY IMPOSED UPON A DEFENDANT IF IT COULD BE SHOWN THAT THE HOMICIDE OCCURRED UNDER EXTENUATING CIRCUMSTANCES. TO DEFINE THESE 'EXTENUATING CIRCUMSTANCES,' THE PRIMARY EMPHASIS HAS BEEN ON THE 'REASONABLE MAN' STANDARD AS APPLIED TO THE ELEMENTS OF PROVOCATION AND COOLING-OFF TIME. IF A REASONABLE MAN WOULD NOT HAVE BEEN PROVOKED IN THE SAME CIRCUMSTANCES AS THE DEFENDANT, OR WOULD HAVE COOLED OFF BY THE TIME THE DEFENDANT ACTED, THEN THE HOMICIDE WOULD BE TREATED AS MURDER, NOT AS MANSLAUGHTER. FOR THE BATTERED-WIFE DEFENDANT TO REDUCE MURDER TO MANSLAUGHTER, SHE MUST BE ABLE TO SHOW THAT SHE WAS SO OVERCOME BY PASSION THAT SHE WAS UNABLE TO COOL DOWN IN THE INTERVAL OF TIME BETWEEN THE PROVOCATION AND THE HOMICIDE. FURTHER, SHE MUST SHOW THAT, UNDER SIMILAR CIRCUMSTANCES, A REASONABLE PERSON WOULD HAVE BEEN SIMILARLY PROVOKED, CAUSING HER AROUSAL AND HER DEED TO BE JUSTIFIABLE OR AT LEAST UNDERSTANDABLE. DISCUSSIONS INVOLVING COOLING-OFF TIME, SELF-DEFENSE, IMPERFECT SELF-DEFENSE (IN WHICH THE DEFENDANT EITHER PRECIPITATED THE VIOLENCE OR REACTED UNDER A MISTAKEN, BUT HONEST AND REASONABLE EXPECTATION OF HARM), AND THE ABUSED WIFE AND THE REASONABLENESS STANDARD ILLUMINATE THE DIFFICULTIES FACING WOMEN WHO ARE HELD TO ONE SET OF STANDARDS REGARDING CONDUCT AND EXPECTATION OUTSIDE OF COURT AND QUITE ANOTHER WHEN BECOMING DEFENDANTS IN HOMICIDE TRIALS. THEREFORE, WHEN COURTS APPLY A 'REASONABLENESS' STANDARD, THEY MUST CONCERN THEMSELVES WITH WHAT A REASONABLE WOMAN WOULD DO UNDER THREATENING SITUATIONS AND RECOGNIZE THE DIFFERENCE IN RESPONSES EXPECTED FROM THE DIFFERENT SEXES. OPINIONS OF LEGAL SCHOLARS AND NUMEROUS COURT CASES ADDRESS THE BATTERED WIFE SYNDROME AND JUDICIAL INTERPRETATION OF ITS APPLICABILITY TO SELF-DEFENSE. FOOTNOTES ARE PROVIDED. (WJR)