NCJ Number
205604
Journal
Children's Legal Rights Journal Volume: 23 Issue: 4 Dated: Winter 2003-2004 Pages: 67-89
Date Published
2004
Length
23 pages
Annotation
Based on Illinois law and the Federal Rules of Evidence, this article discusses the prosecution and defense in a hypothetical case of a woman (Anna) charged with the first-degree murder of her husband (Mark) and who pled not guilty under the affirmative defense of self-defense due to years of domestic violence.
Abstract
The article first provides background information on Anna and Mark as individuals and traces their relationship up to the time that Anna shot Mark. The article then discusses the Battered Woman's Syndrome and its application to the legal claim of self-defense. The prosecution's case-in-chief is then discussed, along with the steps the state must take in prosecuting a defendant charged with the murder of her husband. The discussion of the defense focuses on issues that stem from the nature of the Battered Woman's Syndrome. This section discusses the use of an expert witness and various documents that might be used to substantiate Anna's claim that the killing of her husband was done to protect herself after years of violent attacks by her husband. The prosecution's rebuttal case intended to undermine the defendant's claim of self-defense is also discussed. For both the prosecution's and defense's case, the article addresses evidentiary or admissibility issues that both sides must resolve in litigating this type of case. Throughout the article, the authors present and discuss the issues debated among legal professionals who deal with domestic violence and how it is handled under criminal law. 162 notes and appended official forms with hypothetical information about the case