NCJ Number
147019
Journal
Children's Legal Rights Journal Volume: 14 Issue: 1-2 Dated: (Winter/Spring 1993) Pages: 2-7
Date Published
1993
Length
6 pages
Annotation
The battered child syndrome is discussed.
Abstract
The battered child syndrome is accepted as a defense in homicide cases in only one jurisdiction, Washington. Evidence of domestic violence against children is statutorily admissible in homicide cases in only two States, Texas and Oklahoma. Although 50 States have recognized the physical manifestations of battered child syndrome, as indicated above, the majority of jurisdictions have refused to extend the syndrome's psychological effects to justify a defense to murder or manslaughter. The author argues that children who kill their parents as a means of escape from abuse should be given the opportunity to present evidence of that abuse to prove the killing was done in self-defense. Otherwise, battered children are left to resort to the inadequate traditional defense of self-defense. Discussion of cases involving children killing abusive parents is provided, including State v. Sparks, 217 Kan. 204 (1975), in which the Kansas Supreme Court expressly refused to adopt a battered child syndrome defense. 14 references