NCJ Number
150606
Journal
Human Rights Volume: 20 Issue: 4 Dated: (Fall 1993) Pages: 14-17
Date Published
1993
Length
4 pages
Annotation
This author argues that, while there is growing public recognition of the phenomenon known as the battered woman syndrome, the legal system still labors under a great misconception regarding its nature.
Abstract
The battered woman syndrome is not a defense, but an important piece of evidence in cases where an abused woman is accused of killing or injuring her abusing partner or spouse. In order to prove that the defendant's fears of harm or death were reasonable to her and that she believed that she had no reasonable opportunity to avoid injury, expert testimony on the cause and effect of the syndrome is legally both relevant and essential. Many court cases, reviewed here, have highlighted the need for expert testimony in cases involving battered women. The Sentencing Reform Act implemented uniform and arbitrary standards governing the sentencing of criminal defendants in Federal courts. One of the grounds upon which a judge can depart from the guidelines is that a defendant committed the offense under duress. However, this author argues that battered women can expect little assistance from this loophole.