NCJ Number
102312
Journal
California Western Law Review Volume: 20 Issue: 3 Dated: (1984) Pages: 485-510
Date Published
1984
Length
26 pages
Annotation
Courts should use the Federal Rules of Evidence and the criteria established in the case of Dyas v. United States in determining the admissibility of expert testimony about the battered woman syndrome in cases where the battered woman pleads self-defense after killing her battering husband.
Abstract
The retrials, convictions, and appeals of Joyce Bernice Hawthorne, who asserted that she shot her husband in self defense, reveal the issues involved in admitting expert testimony on the battered woman syndrome. Defense attorneys and courts often have difficulty conceptualizing the use of the self-defense plea in these cases. The killings often take place when the woman is not being battered. In addition, the battered woman syndrome is sometimes mistakenly viewed as a separate defense. Moreover, confusion between the syndrome and impaired mental states has contributed to this difficulty. Courts should use the three criteria from the Dyas decision in admitting expert testimony: the complexity of the subject matter, the current state of knowledge of the battered woman syndrome, and the expert's knowledge and experience. However, the Federal Rules of Evidence put forth the more liberal criteria of relevance and usefulness to the triers of fact. Defense attorneys should routinely and thoroughly explore the use of a self-defense plea in homicides of spouses by battered women. 188 reference notes.