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Battered Woman Syndrome Evidence in the Courtroom

NCJ Number
137556
Journal
Law and Human Behavior Volume: 16 Issue: 3 Dated: (June 1992) Pages: 273- 291
Author(s)
R A Schuller; N Vidmar
Date Published
1992
Length
19 pages
Annotation
The legal and empirical literature on battered woman syndrome is examined in terms of legal admissibility requirements, court treatment of the testimony with respect to these requirements, and likely influences on jury decisionmaking.
Abstract
Battered woman syndrome refers to a pattern of responses and perceptions characteristic of women who have been subjected to continuous physical abuse by their spouses; it may be used as a defense in cases where a battered woman eventually kills the abusing spouse. The requirements for the admissibility of the battered woman syndrome defense demand that testimony be given by a skilled and qualified expert witness, be scientifically reliable, and provide unique information to the jury. In general, studies have shown that juries exposed to the battered woman syndrome defense were more likely to believe that the defendant had lost control of her actions and to render a manslaughter verdict. On the other hand, some feminist scholars have argued that the defense does not address the reasonableness of the murder committed by a battered woman. 82 references (Author abstract modified)

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