When Battered Women Kill - Evaluation and Expert Witness Testimony Techniques (From Domestic Violence on Trial, P 71-85, 1987, Daniel Jay Sonkin, ed. - See NCJ-104721)

• NCJ Number: 104726
• Author(s): R K Thyfault; A Browne; L E A Walker
• Date Published: 1986
• Length: 15 pages
• Sale Source: Copter's Incorporated
• Language: English
• Country: United States of America

Annotation

A number of court decisions in recent years have opened the way for psychologists and other mental health professionals to present testimony about the battered woman syndrome to judges and juries.

Abstract

Such testimony has usually been used in cases of homicide or attempted murder in which an abused woman is charged with the death or serious injury of the abusive mate and claims that she acted in self-defense. The expert's pretrial evaluation can provide invaluable information to the attorney preparing for trial. In addition, it can help prepare the woman for her testimony at the trial and facilitate her recall of the incident. Finally, the expert witness can aid the judge and jury in understanding the battered woman syndrome and the impact of the cumulative effects of repeated violent attacks on the abused woman's thinking, feeling, and behavior. In cases where a plea bargain is made or the woman is found guilty, the expert witness also can testify at the sentencing hearing to educate the judge about mitigating circumstances that had a bearing on the act and to emphasize the low risk that such women pose to the community. When attorneys and psychologists work together, they can have a powerful effect on the way battered women are dealt with by the criminal justice system. 21 references.