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Maki, Susan. "Sociocultural and psychosocial an examination of two perspectives on the chronic battered woman phenomenon /." Online version, 1998. http://www.uwstout.edu/lib/thesis/1998/1998makis.pdf.
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Casey, Juliette. "Legal defences for battered women who kill : the battered woman syndrome, expert testimony and law reform." Thesis, University of Edinburgh, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.524675.
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Law's representation of women has long been a source of debate among feminists. In this thesis, I engage with this debate on a number of different levels specifically in the context of battered women who kill. Although three defences are commonly canvassed, self defence, provocation and diminished responsibility, I limit my proposal for reform to the defence of provocation. My particular proposal involves looking at the possibility of combining expert testimony on the battered woman syndrome with the substantive elements ofthat defence in Britain. In part one I begin by setting the defence of provocation in its proper doctrinal framework. Thus, in the introduction I argue that provocation is properly conceptualised as a partial excuse. Using Fletcher's theory of the individualisation of excusing conditions, I highlight the limitations of the reasonable man standard which represents the greatest obstacle at the level of the substantive law for battered women who plead provocation. The tension arises out of, on the one hand, the use of an abstract standard and, on the other, the need to include and give proper recognition to individual experiences. I build on this foundation in chapter one where I look at all ofthe problematic elements of the defence through the lens of advocates practising at the Bar in Scotland. Here I pay particular attention to advocates' attitudes towards using battered woman syndrome evidence in conjunction with provocation. In chapter two I go on to set these problems in the context of a wider feminist critique ofthe reasons for the lack of fit between law and the experiences of women generally. Negatively, feminists attack law's claim to universality and they locate bias at both the level of law's content and form. Positively, they argue that the experiences of women can only be represented properly once law takes account ofthe complexity ofwomen's subjectivity. Here I will focus on one way of describing this complexity; separation and connection. I also explore one formative influence on the doctrine of provocation, that of the man of honour, and I highlight some of the code's possibilities for battered women who kill. The next section comprises three chapters and entails a comparative analysis of the substantive law in England and Scotland on each of the three defences. I go on to suggest that the key difference between how self defence, but more importantly provocation, operates in the two jurisdictions lies in the greater potential for an individualised approach to the reasonableness requirement under English law. In the [mal section I begin in chapter six by describing how the syndrome has been used in other jurisdictions and, drawing on these experiences, I suggest how battered woman syndrome expert testimony could be used to help reinterpret the defence of provocation in Britain in a way which would help overcome many of the problems posed by the reasonableness standard. I argue that the correct classification for the syndrome is as a form of post traumatic stress disorder. Thus, conceptualised, the emphasis is placed on the abnormal nature of the stressor which corresponds with the experiences of battered women who are, most commonly, normal women placed in abnormal circumstances of violence. Finally, in chapter seven I shift the emphasis from the substantive to the evidential. Although the solution, which I explore, comes in the form of evidence, the system of evidence, acts to bar its admission. Chapter seven, therefore, focuses on two rules; the ultimate issue rule but more controversially, the knowledge and experience rule. This rule makes the admissibility of evidence on the battered woman syndrome conditional on the jury's lack of knowledge and experience. Here again, feminist criticisms expose the extent to which the experiences of battered women who kill are excluded by law as well as the reality of the extent of the jury's misunderstanding. These criticisms are not as well developed as criticisms of the reasonable man but feminists are beginning to highlight the need to open up this rule to embrace the range and diversity of women's experiences. Although the use of expert testimony on the battered woman syndrome is by no means a widely accepted reform measure I intend here to present a case for its adoption.
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Nathan, Aleah Leann. "The Power of Love: Attachment Style in the Battered Woman Syndrome." NSUWorks, 2011. http://nsuworks.nova.edu/cps_stuetd/56.
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One of the most debated constituents of intimate partner violence pertains to attachment theory. Although, attachment theory can provide a theoretical framework for understanding the linkage between childhood family experiences and subsequent experiences with partner violence, there are controversial perspectives as to whether attachment style is stable from childhood to adulthood (Bowlby, 1973, 1980, 1982) or if attachment style can be formulated directly from adult abusive relationships (Caspi & Elder, 1988; Ricks, 1985). Therefore, the purpose of this research was to explore how attachment style presents in the Battered Woman Syndrome, determine if the battered woman's attachment style is consistent throughout childhood to adulthood or if it is manifested due to intimate partner violence exposure as well as to determine how attachment style is manifested in interpersonal functioning and perceived power and control. The theory of learned helplessness (Seligman, 1975) was used as a conceptual model for understanding why battered women remain in abusive relationships. There were 137 female sample participants who reported a history of domestic violence. Measures administered included the Battered Woman Syndrome Questionnaire (BWSQ, Walker, 1978) that assessed childhood history, interpersonal functioning and power and control and the Revised Adult Attachment Scale (Collins and Read, 1996) that assessed the participant's attachment style. Statistical techniques employed included latent class analysis, one-way analysis of variance (ANOVA) and logistic regression. Results indicated that aversive childhood environment (as measured primarily by childhood battering variables) and involvement in adulthood abusive relationships were significantly related to childhood environment and involvement in adulthood abusive relationships. Across all five adulthood battering episodes there were significant overall effects of attachment style on sexual abuse scores. Results also confirmed the hypotheses that insecurely attached participants were more likely to report more interpersonal functioning difficulties and lower perceived power and control when compared to secure participants. Implications for future research are also presented.
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Yu, Zhu Yun. "The application of restorative justice on the 'battered woman syndrome' cases." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953609.
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Shannon, Clare E. "Does expert evidence pertaining to battered woman syndrome influence juror verdicts?" Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1270.
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This research investigated whether expert evidence pertaining to Battered Woman Syndrome (BWS) influences juror verdicts the legal requirements of self defence (imminence, proportionality and an attempt to retreat from the situation) are generally not met in cases where battered women kill their partner: The killings do not immediately follow the attack, the force used is not proportionate to the attack and there is often no previous attempt to retreat from the situation. BWS expert psychological evidence has been admitted by Australian Courts to provide jurors with an alternative perspective for determining whether a woman's actions were reasonable in the given context. It is unclear whether the admission of such “myth-dispelling" evidence is necessary. A written summary of a trial transcript was given to 160 participants (80 male and 80 female), each of whom contributed to one of sixteen conditions in a 2x4x2 design. The critical manipulations were as follows: the presence I absence of a defence I prosecution expert; whether or not the defendant had previously left the relationship; and sex of participant. The findings provide some suggestion that expert evidence about BWS does not significantly impact on verdict, although its effect may differ for males and females.
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Shaba, Flora. "Critical analysis of expert evidence used in support of the battered woman syndrome defence." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/31640.
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The South Africa criminal law allows the battered woman to raise a battered woman syndrome defence in the context of non-pathological criminal incapacity. However, there is a need of expert evidence to support such defence for it to succeed in the court of law. Hence, this paper scrutinizes the task of expert evidence in support of the battered woman syndrome in order to reach the extent of its effectiveness. Nevertheless, such evidence is not indispensable but without it, the court hardly gets persuaded resulting into the failure of the defence. The meaning of battered woman syndrome is articulated in the paper as well as the fact that battered woman syndrome defence falls under the defence of non-pathological criminal incapacity. The origin and development of the non-pathological criminal incapacity has also been discussed by comparing it with pathological criminal incapacity which emanates from mental illness while the former does not originate from a mental illness. Psychiatrist are in a better position to understand the latter while psychologists are in a better position to understand the former, hence it is advisable if the court pays more attention or attach more weight to the evidence given by the psychologists if this defence is to succeed and have a brilliant future. Moreover, the possible defences available to the battered woman have been mentioned as well as the cases that used non-pathological criminal incapacity as a defence particularly with regard to the battered woman syndrome defence. Both cases that were successful and unsuccessful have been elaborated. However, the cases that failed with the defence are in large numbers than the successful ones. Although expert evidence is essential to support the battered woman syndrome defence, it is unjustly and unfairly applied on the battered woman who is an accused person in the court leading to the failure of the defence .In short the use of expert evidence has failed in its application as the two professions, law and medicine has failed to make this defence work as they have not reached an agreement concerning the battered woman syndrome defence. In addition, the paper looks at the obstacles linked with the battered woman syndrome defence as well as offering suggestions to be put in place in order to make the use of expert evidence achievable. This can only be done if both the lawyers and mental health professionals come to terms with each other where they are able to understand the battered woman syndrome and the actions which led to the situation where battered woman finds herself as an accused person. Finally, the paper concludes that expert evidence has failed tremendously in its application leading to the failure of the battered woman syndrome defence in the context of non-pathological criminal incapacity. Consequently a lot still needs to be done to protect the women who face numerous obstacles; both personal and legal as they do not face justice in court and everyone must take part to put an end to battering of women which is inhuman and morally wrong.Dissertation (LLM)--University of Pretoria, 2012.
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Andreozzi, Stern Lucille L. "The pros and cons of the learned helplessness construct and the battered woman syndrome : a critical analysis and possible reformulation /." View online ; access limited to URI, 2004. http://0-wwwlib.umi.com.helin.uri.edu/dissertations/dlnow/3135917.
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Panet-Raymond, Louise. "Toward a reconceptualization of battered women : appealing to partial agency." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78223.
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Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.
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Rossiter, Katherine R. "Claims-making about the battered woman syndrome in expert testimony and news media: The case of R v Getkate." Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/27024.
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This study examines claims-making about the Battered Woman Syndrome (BWS) in the case of Lilian Getkate, who used the syndrome to substantiate a claim of self-defence after killing her abusive husband. The research is guided by the social constructionist perspective and employs content analysis to determine what claims are made in expert testimony and news media about the BWS. It examines how this construct is linked to the defendant and what claims are made about the criminal justice system's response to intimate partner violence and homicide. This research also considers the claims-makers themselves and claims regarding their expertise. Findings from this in-depth case study reveal the importance of expertise and credentials in claims-making and suggest that claims about the BWS, its relation to the defendant, and the law's response are constructed in similar ways in expert testimony and news media, though much more developed in the former.
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Nikoo, Shahrzad. "Abused Women Who Kill: Juror Perspectives on Self-Defense Theories." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/316.
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In self-defense cases of battered women who kill their abusive husbands, defendants have used Battered Woman Syndrome (BWS) expert testimony to help justify their acts of self-defense. However, past research demonstrates that BWS is ineffective in persuading jurors because it pathologizes the defendant rather than rationalizing her behavior. Additionally, BWS highlights passive (i.e., stereotypical) features of a battered woman, and such testimony may not apply to a defendant with active (i.e., atypical) features of a battered women. The current study hypothesized that another type of expert testimony, Social-Agency Framework (SAF), will persuade jurors to render more lenient verdicts, and that the defendant’s passive or active response history will affect verdict decisions. Additionally, a meditational model predicted that the effect of mock jurors’ gender on verdict decisions will be mediated by their attitudes toward battered women. In a 3(expert testimony: BWS vs. SAF vs. control) x 2(response history: passive vs. active) x 2(gender: male vs. female) model, jury-eligible participants (expected N = 510) recruited from the website mTurk answered a survey measuring their attitudes toward battered women, read a mock trial transcript, and rendered a verdict. The results indicated non-significant findings for the effects of expert testimony and response history on verdict outcomes. A full mediation was found, indicating that gender acted as a proxy for jurors’ attitudes, influencing their verdict decisions. This study has strong legal implications that highlight the prevailing effect of attitudes and how those attitudes may override the effects of expert testimony and defendant response history.
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Miskofski, Patricia Ann. "An examination of physical and non-physical abuse as correlates of depression and self-esteem in battered women." CSUSB ScholarWorks, 2001. https://scholarworks.lib.csusb.edu/etd-project/1998.
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In light of the existing literature and research conducted in the area of domestic violence, several recurrent symptoms continue to surface as a result of both physical and non-physical abuse. Two of the most prevalent psychological symptoms requiring intervention tend to be depression and low self-esteem. Therefore, it is the intention of this study to empirically examine the type of abuse female victims of domestic violence experience and its link to their psychological distress. Specifically, it is hypothesized that victims of non-physical abuse will be more likely to experience low self-esteem than depression. Victims of physical abuse will have a greater prevalence of depression than low self-esteem.
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Doyle, Meredith C. "Gender Inequality in the Law: Deficiencies of Battered Woman Syndrome and a New Solution to Closing the Gender Gap in Self-Defense Law." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/149.
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Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory of learned helplessness explains why the woman does not leave the abusive relationship, and the cycle of violence theory explains why she perceives an imminent threat. Battered woman syndrome is problematic in its legal application because of problems with its scientific validity and reliability. It also furthers gender stereotypes and blurs the line between a justification and an excuse defense. While, Dr. Walker's intentions were good, battered woman syndrome is inadequate. Women's difference from men still have to be acknowledged in cases in which battered women kill their husband's, but social agency framework is a more effective way to acknowledge gender differences. This framework takes into account social circumstances that would explain a woman's actions rather than including pathology. This would explain why the woman did not leave an abusive relationship. To avoid the pathology of BWS while explaining why the woman felt an imminent threat, the defense can turn to a pattern of abuse that helps her reasonably recognize when violence is likely.
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Lana, Shebani, and Pietroczuk Julia. "Kvinnor som mördar sina intima partners." Thesis, Malmö universitet, Fakulteten för hälsa och samhälle (HS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-25634.
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Bakgrund: Kvinnors brottslighet utgör endast en minimal del av brottsligheten som existerar,eftersom det i regel är män som begår brott. Detta speglas av brist på kunskap om kvinnligaförövare. Syfte: Syftet med uppsatsen är att belysa det studerade ämnet och på så sätt ökauppmärksamheten i samhället för kvinnliga mördare. Metod: En systematisk litteraturstudieutfördes om de gemensamma faktorer kvinnliga mördare har. Resultat: Kvinnor mördar somsvar på mäns våld i en relation, oftast i självförsvar. Ett flertal av de kvinnliga förövarnadödar en intim partner, i en nödsakad situation, som ett alternativ till att inte själv blimördade. De tenderar att lida av psykisk ohälsa, mörda i det gemensamma hemmet ochanvända kniv som mordvapen. Slutsats: Kärnan i ett proaktivt tillvägagångssätt är detförebyggande arbetet innan det dödliga våldet blir ett alternativ. Med kunskapen i hand är detav stor vikt att inledningsvis fokusera på partnervåld. Det är uppenbart att den kvinnligaförövaren agerar i rädsla och i självförsvar, vilket gör dem till egna beskyddare närrättsväsendet misslyckas.Background: Crime committed by women constitutes a minimal part of the overall crimerate. Generally, men are the ones committing majority of crimes. This is reflected by a lack ofknowledge of female perpetrators. Purpose: The purpose of the study is to highlight thesubject studied and thus increase the overall attitude towards female murderers in order toclear up the confusion when solving these cases. Method: A systematic literature study wasconducted to investigate the common denominators among the female perpetrators. Result:Women commit murders in response to men's violence, usually in a relationship and inself-defense. The majority of the female perpetrators kill their intimate partner in fair of notbeing the victim of murder them selves, the motive strictly self-defense. The femaleperpetrators hold some common denominators; mental illness, the crime happen in thecommon home and a knife is usually the murder weapon of choice. Conclusion: The essenceof proactive approach is the preventative work ahead of the crime committed. With theknowledge at hand, law enforcement need to focus on partner violence. It is obvious that theperpetrator act in fear and in self-defense, making them their own protectors when the lawenforcement fails them.
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Larsson, Martin. "Kvinnor som dödar sin partner. Orsaker och gemensamma nämnare." Thesis, Malmö högskola, Fakulteten för hälsa och samhälle (HS), 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-24853.
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Kvinnor begår färre våldsbrott än män, och endast en tiondel av alla mord begås av kvinnor. Detta speglas i att relativt lite forskning om kvinnor som begår dödligt våld har genomförts. När kvinnor dödar är det ofta en nuvarande, eller före detta, intim partner som faller offer. Men varför dödar kvinnor en person som de tidigare valt att spendera sitt liv med? Finns det några likheter mellan dessa kvinnor? Denna systematiska litteraturstudie visar att en majoritet av de kvinnor som tar livet av sin partner, gör det efter att ha utsatts för fysiskt och psykiskt våld av sin partner under lång tid. Tidigare partnervåld, och den överhängande risken att utsättas för ännu en episod av grovt våld, leder till att dessa kvinnor lever med ständig skräck, rädsla och ångest. Många av dessa kvinnor upplever även en känsla av isolation, vilket förstärks av att mannen ofta förbjuder dem att arbeta utanför hemmet. Kvinnor som dödar sin partner gör det ofta i, vad de själva anser är, självförsvar. Många av dessa kvinnor menar att de dödade sin partner för att de var tvungna. Hade de inte gjort det hade de själva förmodligen blivit mördade.Women commit fewer violent crimes than men, with only one tenth of all murders committed by females. This is reflected in the fact that relatively little research has been conducted about women who kill. When women kill, the victim is often a current or former intimate partner. But why do some women kill an individual whom they have previously chosen to spend their life with? Are there any similarities between these women? This systematic literature review shows that a majority of women who take the life of an intimate partner, do it after having been subjected to physical and psychological violence by their partner for a long period of time. Former partner violence, and the imminent risk of being subjected to yet another episode of serious violence, leads to these women living with constant fear, horror and anxiety. Many of these women also experience a sense of isolation, which is reinforced by the fact they their partner often forbids them to work outside of the home. Women who kill their intimate partner often do so in, what they feel is, self-defence. Many of these women say that they killed their partner because they had to. Had they not killed him, they themselves would probably have been murdered.
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Wahab, Mohd Iqbal bin Abdul. "The doctrine of excessive force in self-defence and the theory of the "battered woman syndrome" in the defence of self-defence in criminal law : a comparative study of English, Australian and Canadian criminal law." Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/27585.
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This thesis aims to examine two issues related to the defence of self-defence in criminal law. Firstly, it is an investigation into the theory of excessive force in selfdefence. The essence of the theory is to have a person who excessively applies force in his defence to be convicted of manslaughter. The arguments in favour of the theory are compelling; however, in practice, the issue of excessive defence has always been a brain-teaser for judges. This thesis elaborates the controversies surrounding the application of the theory in the courts. The reason for its demise and arguments for its revival are discussed. Secondly, this work analyses the incorporation of the doctrine of the "battered woman syndrome" into the defence of self-defence. This doctrine has recently been introduced where, upon its acceptance by the court, an accused will be successful in pleading self-defence despite the fact that the traditional requirement of imminence has not been satisfied. There is discussion whether the doctrine has always been necessary for battered woman in claiming self-defence. This thesis focuses, in the main, on decided cases and, wherever necessary, a comparison is made of the two theories mentioned above in the law of self-defence in England, Australia and Canada.
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Morabito, Shannon. "Indigenous Battered Women Who Kill: A Qualitative Thematic Analysis." Thesis, Université d'Ottawa / University of Ottawa, 2021. http://hdl.handle.net/10393/42308.
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This thesis explores the topic of Canadian-Indigenous battered women who killed their
intimate abusers and seeks to better understand these women’s experiences, their treatment within the Canadian criminal justice system, and how BWS was used in their cases. A theoretical framework comprised of Indigenous Feminisms and Intersectionality was used to guide this research study and to shed light on the lived experiences of Indigenous battered women who killed their abusers. Various important Indigenous Feminist theorists such as Dian Million (2013) and Patricia Monture-Angus (1998) were drawn upon as well as advocates for Intersectionality such as Patricia Hill-Collins (2019). A qualitative thematic analysis was performed to create four
overarching themes from eight cases where Indigenous battered women killed their intimate abusers.
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Torres, Ahumada Ana Milena. "The applicability of the Battered Woman Syndrome (BWS) model to gay males and lesbian women who kill their intimate batterers in self-defence." Thesis, 2012. http://handle.uws.edu.au:8081/1959.7/535295.
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The defence of self-defence, like much of the common law, has strongly male-centric origins and emphases. Judges and juries have little difficulty understanding the theory of the case presented to them by defence counsel when self-defence is argued to have been necessary as a result of an attack by a stranger or after a bar brawl. It is argued that what is conceptually more difficult for jurors is the application of the defence of self-defence in circumstances where an alleged perpetrator of an assault or homicide does so in circumstances of intimate partner violence, and that this is particularly exacerbated in circumstances where the victim and the alleged offender are of the same gender. The last two decades have witnessed a great deal of advocacy and law reform inquiry addressed towards improving the response of the criminal justice system to killings committed by battered individuals who kill their intimate partners. Most of the developments in the area have focused on the heterosexual female victim of spousal or partner abuse, the so-called ‘battered woman’. Since 1991, in an attempt to alleviate the difficulties that the gender-biased defence of self-defence poses to battered women, expert evidence in Battered Woman Syndrome (‘BWS’)—a model of intimate violence developed during the 1970s to explain the experience and conduct of female victims of abusive heterosexual relationships—has been admissible during trials in Australia of battered heterosexual women for the killing of their intimate batterers. With the increasing utilisation of expert evidence in BWS, judges and jurors are becoming more exposed to arguably legal justifications for violent behaviour that would otherwise be considered irrational and criminal conduct. However, the gendered focus of BWS results in significant barriers for battered gay and lesbian individuals who kill their intimate partners in self-defence. Simply, the conceptualisation of intimate partner violence, as proposed by BWS, is heterosexist. Accordingly, the combination of the law of self-defence and BWS does not adequately take into account the exclusive particularities and unique dynamics of same-sex intimate violence. It is argued that the responses of alleged perpetrators in killing their same-sex partners may be the only reasonable response. This thesis argues that the current law of self-defence in New South Wales, at common law and under statute, is inadequate for gay and lesbian defendants who have been in violent intimate partner relationships. Although legislative amendments in New South Wales have offered the potential for better understanding self-defence used by battered individuals generally, the lack of knowledge that jurors may have regarding intimate violence in same-sex relationships, coupled with the homophobic and heterosexist attitudes held by many, may preclude these alleged offenders from using the defence of self-defence successfully. This thesis suggests that in order to provide a more just trial for these alleged offenders one of two options must be undertaken. First, instead of requiring defendants to rely on the inappropriate BWS, to allow the use of a gender-neutral theory of intimate violence. Second, to modify the law of self-defence so that it better reflects the circumstances of all victims of intimate partner violence who kill their batterers.
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Concepcion, Rebecca Yahnke. "The role exercise may play in how survivors of domestic violence feel and view themselves." Thesis, 2004. http://www.oregonpdf.org.
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Thesis (M.S.)--Oregon State University, 2004.Includes bibliographical references (leaves 52-53). Also available online (PDF file) by a subscription to the set or by purchasing the individual file.
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ALKENBRACK, KALEIGH ELIZABETH. "Referential Lives: Literary, Legal, and Colonial Discourses in Audrey Andrews’ Account of the Life and Trials of Dorothy Joudrie." Thesis, 2012. http://hdl.handle.net/1974/7336.
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In Be Good, Sweet Maid: The Trials of Dorothy Joudrie (1999), Audrey Andrews recounts the life and trial of Dorothy Joudrie, a so-called wealthy socialite who was arrested in Calgary in 1995 for attempting to murder her estranged husband after decades of domestic abuse. Andrews tells Joudrie’s story in the form of a semi-auto/biographical text that quotes other scholarly and creative literary works in an intertextual dialogue about violence against women, post-World War II gender socialization, and the “battered women syndrome” defence. This thesis takes this highly referential dialogue as its starting point, and then extends Andrews’ cultural work by tracing a genealogy of colonialism in Canadian domestic violence laws with the help of selected intertexts – including Yvonne Johnson’s Stolen Life: Journey of a Cree Woman (1998), the trial of Angelique Lavallee, and Lorena Bobbitt’s infamous case. First, I source the epigraphs that Andrews strategically places at the start of each chapter and discern the layer of meaning that these external texts bring to Joudrie’s story in order to raise questions about how Andrews rearticulates the work of others and the politics of such a rearticulation. Second, I similarly frame Joudrie’s 1995 trial as a referential and intertextual discourse based in precedent established by the Supreme Court in 1990 when it ruled that expert testimony on the “battered woman syndrome” was admissible in the R. v. Lavallee case (Shaffer 1). This allows me to consider a consequence of the ruling often overlooked in feminist literature: due to the fact that the original defendant, Angelique Lavallee, was a Métis woman whose identity was erased in the courtroom and in case law, subsequent trials employing the “battered woman syndrome” defence repeat settler relations entrenched in colonial violence. Third, I expose how representations can fail by thinking through what Stephen Couser calls the auto/bio/ethics of life writing, which reveals the limits of Canadian laws and literatures. Ultimately, this discussion generates questions about who is considered human under the law and how life writing might re-imagine the “reasonable” human in more just and compassionate ways.Thesis (Master, Gender Studies) -- Queen's University, 2012-07-28 10:28:24.988
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Hamilton, Melissa. "Judicial discourses involving domestic violence and expert testimony." Thesis, 2006. http://hdl.handle.net/2152/2515.
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Růžičková, Světlana. "Transgenerační přenos agresivního chování v rodinách jako příčina vzniku domácího násilí." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-306580.
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Thesis Transgeneration transfer of aggressive behaviour in families as a cause of domestic violence has theoretically - empirical nature and is divided into two parts, theoretical and practical. The theoretical part is defined by the family, its functions, types, and family pathology is described in the context of domestic violence and CAN syndrome. The central chapters of this section also deal with educational styles, parental attitudes, characteristics of domestic violence and child development in families with the occurrence of domestic violence. The practical part includes a qualitative analysis of documents, families affected by domestic violence, held at the Municipal Office Prachatice, department of Social and legal protection of children. The analysis examined whether these families can be considered the transgeneration transfer patterns of behaviour and styles of upbringing family to multiply family. The analysis is complemented by interviewed case study. Keywords Family, functions of family, styles of education, child evolution, domestic violence, battered woman syndrome, child as a victim of domestic violence, Child Abuse And Neglect syndrome, transgenerational transmission of domestic violence.
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Singh, Nerisha. "Battered women syndrome : a possible defence in South African law for women who kill?" Thesis, 2000. http://hdl.handle.net/10413/5197.
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Tůmová, Nikola. "Systém pomoci obětem domácího násilí." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-322758.
Full textAbstract:
In the submitted thesis I focus on domestic violence issues. In the theoretical part, I outline these issues based on a bibliographic research; I specify a basic classification of domestic violence, its development, and the current situation in the Czech Republic. Further, I deal with an analysis of the victim and offender personalities and present a valid legislative framework. Last but not least, I present a list of selected organisations providing support for the persons at risk of domestic violence and principles of their work with such victims. In the empirical part I focus on an analysis of the methods of work and cooperation among selected supporting organisations and this based on interviews with their representatives. After reviewing all the obtained information, I present a proposal aimed at an improvement of the work with domestic violence victims. At the same time, I propose a task that is to be developed as a project by secondary school students within primary prevention; the project is aimed at familiarization of students with the correct and adequate procedures applied by workers from the organisations providing support for domestic violence victims.