NCJ Number
96918
Journal
Vermont Law Review Volume: 7 Issue: 1 Dated: (Spring 1982) Pages: 1-70
Editor(s)
S J Kantor,
K M Moore,
R Opel
Date Published
1982
Length
70 pages
Annotation
The four articles in Part 2 of a symposium on family violence address the psychologist's role as expert witness for women who murdered their abusers, mediation in less severe cases of spousal assault, spousal rape exemptions in State laws, and police arrest powers in domestic situations.
Abstract
In the first paper, psychologists explain the battered woman syndrome and interactions characteristic of abusive relationships. They argue that a psychologist should be allowed to testify as an expert witness for a battered woman accused of murdering her abuser to explain to a jury why a battered woman may believe she is in imminent danger and strike back in self-defense. In contrast, the next paper focuses on relatively mild cases of abuse. It describes the benefits of mediation and evaluations of mediation programs which show their success in resolving many domestic conflicts, even those with some violence. Another author investigates the origins of the spousal exemption rule and concludes that marital rape is a serious problem in terms of cases and impact on victims. The paper recommends removing the exemption from State laws both as a practical measure and as a symbolic act to reaffirm the equal rights of married women. The final contribution explains why the expansion of police arrest powers may be a key to effective intervention, surveys the current status of warrantless arrest laws in domestic abuse cases, and recommends mandating an arrest when the officer has probable cause to believe a crime has been committed and the abuser may cause further harm if not arrested. All papers include footnotes. For separate papers, see NCJ 96919-22.