NCJ Number
86066
Date Published
1981
Length
45 pages
Annotation
This article discusses some of the special problems of developing defense theory and preparing for trial in cases involving women charged with homicide or assault as a result of defending themselves against abusive behavior.
Abstract
Not every woman who has killed an abusive husband or spouse can appropriately or successfully avail herself of the self-defense plea. Before deciding that self-defense is the best approach, all the evidence of the case and the defendant's state of mind and life situation must be carefully considered. Although the law varies from State to State, generally a person may use deadly force to protect herself from what she reasonably perceives to be an imminent, deadly attack. Deadly force may not be used if the defendant was the initial aggressor. When the defendant asserts the defense of self-defense, the burden is on the prosecution to prove beyond a reasonable doubt that she did not act in self-defense. Immediate investigation of the circumstances surrounding the homicide is crucial. Case preparation must focus on four areas: interviewing the defendant, locating witnesses, obtaining documentary evidence of abuse, and evaluating the need for expert testimony. At trial, the primary goal of the defendant's testimony is to convey to the jury her state of mind and the reasonableness of her perceptions at the time of the homicide. The article also examines the use of lay and expert witnesses, rebutting damaging evidence, and voir dire and jury selection issues. Forty-four footnotes are provided.