NCJ Number
130688
Journal
Journal of Law and Society Volume: 18 Issue: 2 Dated: (Summer 1991) Pages: 219-240
Date Published
1991
Length
22 pages
Annotation
The experiential approach is applied to the case of the battered woman who kills the abuser.
Abstract
Focus is placed on the charge of lack of even-handedness which has been leveled against the laws as well as on the methodological problems involved in incorporating pluralism of experience in law-making. Statistical information on homicides from England and Wales and the United States is presented as background material. Traditional defenses of self-defense and provocation to charges of homicide are examined to determine if such self help or killing is justified or partially excused under current English law. North American literature is reviewed, in particular, the defense of battered women syndrome which has been used to present experiential material to juries. The discussion focuses on three strategies proposed in relation to the law of self-defense: Walker's proposal of the battered woman syndrome, Ewing's proposal of psychological self-defense, and Schneider's proposal of a subjective standard in determining the reasonableness of the defendant's response. Problems involved in re-casting the laws are examined. 119 notes and references