NCJ Number
86065
Editor(s)
E Bochnak
Date Published
1981
Length
323 pages
Annotation
This book provides insights, analyses, strategies, and ideas developed by the Women's Self-Defense Law Project for those assisting women victims of violence who are forced to defend themselves; case studies are emphasized.
Abstract
The work begins with a discussion of women's self-defense cases from a theoretical legal perspective. It addresses practical aspects of trial preparation and case presentation. Topics include choosing the self-defense plea, the defendant's state of mind and testimony, damaging evidence, corroborating evidence of abuse, voir dire, and juror evaluation. The text considers the risks and benefits of expert testimony and suggests guidelines for presenting the expert's materials at trial. It describes three hypothetical cases, detailing the case preparation, trial strategy, and juror deliberations involved. In one case, the defendant was charged with assault and convicted. Posttrial interviews revealed that over-reliance on the theme of battering prevented the defense team and the jurors from focusing on the legal elements of self-defense. This theme emerged as an important finding of the work. The case also emphasized that a woman's act in self-defense is understandable to jurors only if they comprehend the defendant's life experiences. Jurors are aware that battering per se is not a justification for homicide, although homicide in self-defense is legitimate under certain circumstances. Footnotes are provided, and sample legal forms and suggested voir dire questions are appended. For individual articles on case preparation and expert testimony, see NCJ 86066-68.