NCJ Number
117104
Journal
Mercer Law Review Volume: 39 Issue: 2 Dated: (Winter 1988) Pages: 545-589
Date Published
1988
Length
45 pages
Annotation
Controversial aspects of the use of expert testimony in homicide cases where a battered woman kills her abuser and then claims self-defense are explored.
Abstract
Legislators have enacted changes to help battered women that focus on victim rights, enhanced legal options, and protecting women from further assault. Attempts to use the law of self-defense in battered woman cases have legal difficulties. One issue is the use of expert testimony to explain the battered woman syndrome. Further, it is argued that a male viewpoint permeates the law of self-defense. A review of the battered woman syndrome and issues in expert testimony indicates that women are frequently victims of abuse, that patterns of behavior associated with battering relationships usually exist, and that society cannot understand or cope with the problem. Society's failure to deal with battered women extends to the criminal justice system as a whole, including police, prosecutors, judges, and juries. Traditional notions of self-defense and rules regarding the admissibility of expert testimony do not transfer well to the battered woman's situation. The law must take a realistic view of physical and social differences between men and women when evaluating a battered woman's claim of self-defense to a murder charge. At the heart of the self-defense issue for battered women is the standard against which their conduct is measured. Courts must admit expert testimony to explain the battered woman syndrome to jurors. 328 references.