NCJ Number
136690
Journal
Criminal Law Bulletin Volume: 28 Issue: 2 Dated: (March-April 1992) Pages: 99-115
Date Published
1992
Length
17 pages
Annotation
After reviewing the nature of the battered woman syndrome and its use in a battered woman's claim of self-defense in a spousal homicide, this article analyzes the case law for such a defense.
Abstract
Although not all jurisdictions agree, many courts have recognized that expert testimony on the battered woman syndrome is necessary when battered women have asserted self-defense in order for a jury to consider the reasonableness of the woman's perceptions of imminent danger. Most courts have now accepted the premises that the battered woman syndrome is sufficiently developed as a matter of common accepted scientific knowledge and that the subject of the expert testimony is not within the understanding of the jury. Courts that still hold testimony on the battered woman syndrome inadmissible usually base their decision on a finding that such evidence is irrelevant and immaterial to the facts of the case or that its prejudicial impact outweighs its probative value. Additionally, some jurisdictions are still restricted by the ultimate-issue rule. Even though courts remain split on the issue of whether expert testimony on the battered woman syndrome should be admissible to support a battered woman's self-defense claim, recent criminal cases and legislation shows an increasing acceptance of expert testimony on the battered woman syndrome. 98 footnotes