Journal articles: 'Battered woman syndrome'

1

Stubbs, Julie. "Battered Woman Syndrome." Current Issues in Criminal Justice 3, no. 2 (November 1991): 267–70. http://dx.doi.org/10.1080/10345329.1991.12036525.

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Phillips, Samantha M. "Pathfinder on Battered Women and Battered Woman Syndrome." Legal Reference Services Quarterly 10, no. 3 (December 5, 1990): 67–114. http://dx.doi.org/10.1300/j113v10n03_05.

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3

Hurwitz, Arlene, and Lenore E. Walker. "The Battered Woman Syndrome." American Journal of Nursing 85, no. 5 (May 1985): 616. http://dx.doi.org/10.2307/3425252.

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4

HURWITA, ARLENE. "The Battered Woman Syndrome." AJN, American Journal of Nursing 85, no. 5 (May 1985): 616. http://dx.doi.org/10.1097/00000446-198505000-00035.

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5

Leslie, Leigh A., and L. E. Walker. "The Battered Woman Syndrome." Family Relations 35, no. 3 (July 1986): 453. http://dx.doi.org/10.2307/584377.

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6

Quina, Kathryn. "The Battered Woman Syndrome." Psychology of Women Quarterly 9, no. 3 (September 1985): 426. http://dx.doi.org/10.1177/036168438500900301.

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7

Deb, A. "Battered Woman Syndrome: Prospect of Situating It Within Criminal Law in India." BRICS Law Journal 8, no. 4 (December 6, 2021): 103–35. http://dx.doi.org/10.21684/2412-2343-2021-8-4-103-135.

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In patriarchal cultures, like the one prevalent in India, rigid, polarised and hierarchical gender roles work to establish a strong normative relationship between gender and the treatment of offenders committing violent crimes such as homicide. While most of the common law countries have already undergone a social change towards making their criminal laws more gender-sensitive by accommodating the experiences of battered women, the situation in India is quite different. Indian courts have recognised Battered Woman Syndrome very recently in only three cases, much differently than courts in other jurisdictions. While in other countries, Battered Woman Syndrome has been adduced by the advocates of battered women to support defence pleas, Indian Courts have resorted to it only to explain the effects of a battering relationship. The fact that Battered Woman Syndrome has only been recognised in such a small number of cases and the lack of scholarship in this particular area clearly resonates the resistance of the Indian criminal law towards women’s accounts of their experiences. Drawing on the example of the three cases, the author makes an attempt to put forth feminist legal arguments and offer a fresh perspective on the possibility of using Battered Woman Syndrome as a defence to address the concerns of battered women who end the cycle of violence by ending the lives of the abuser in a “kill or be killed” situation. Since Battered Woman Syndrome as a subject has been extensively researched in other common law countries, the present study limits itself to the Indian jurisdiction only. This paper also challenges the effectiveness of the existing defences under the Indian Penal Code, 1860 in accommodating the cases of battered women, and highlights the need for the introduction of a new justificatory defence as a plausible solution.

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Ho, Robert Tack Kwei, and Natalie Chantagul. "An exploration of Thai public perceptions of defenses in cases of women who kill their domestically violent spouses." Australian & New Zealand Journal of Criminology 50, no. 4 (September 12, 2016): 602–22. http://dx.doi.org/10.1177/0004865816668222.

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The present study investigated the issue of domestic violence in Thailand and in particular the reactions of the Thai populace (male versus female) to a battered woman who killed her abusive spouse, as well as how such reactions could be influenced by the presentation of expert testimony related to the battered woman syndrome. Cluster sampling conducted within the Bangkok metropolitan area in Thailand yielded a sample of 1190 participants who voluntarily filled in the study’s questionnaire. Multi-group path analysis showed no significant gender difference in the direct influence of battered woman syndrome information on the verdict/judgment rendered and suggests that the provision of such information in spousal homicide trials within the Thai context may not be efficacious in influencing the participants’ verdict judgments. Results however did indicate an indirect effect of the battered woman syndrome information on the verdict/judgment rendered being mediated by the defense strategy of self-defense. This finding indicated that the battered woman syndrome information presented aided the participants in contextualizing the defendant’s killing in a frame of self-defense, rather than inappropriately applying a form of “reasonableness” in their verdict/judgment. These findings are discussed in relation to their implications for the presentation of battered woman syndrome information in trials of Thai battered women who killed their abusive spouses.

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9

WALKER, L. E. A. "Battered Woman Syndrome: Empirical Findings." Annals of the New York Academy of Sciences 1087, no. 1 (November 1, 2006): 142–57. http://dx.doi.org/10.1196/annals.1385.023.

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10

Regehr, Cheryl, and Graham Glancy. "Battered Woman Syndrome Defense in Canadian Courts." Canadian Journal of Psychiatry 40, no. 3 (April 1995): 130–35. http://dx.doi.org/10.1177/070674379504000304.

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As a result of a 1990 Supreme Court of Canada decision, battered woman syndrome defense is now accepted as a legitimate extension of self-defense in Canadian courts. This defense hinges on the expert testimony that a battered woman who is accused of murder or aggravated assault suffers from the psychological sequelae of abuse and that this psychological distress contributes to her apprehension of danger and ultimately her apprehension of death during a particular battering episode. The authors present a brief overview of the history of battered woman syndrome defense, the role of the expert in assessing the applicability of this defense in any particular situation, and the pitfalls of using battered woman syndrome defense.

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11

Walus-Wigle, Jacqueline, and J. Reid Meloy. "Battered Woman Syndrome as a Criminal Defense." Journal of Psychiatry & Law 16, no. 3 (September 1988): 389–404. http://dx.doi.org/10.1177/009318538801600304.

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Battered woman syndrome, although not a diagnosable mental disorder, is being successfully used as a criminal defense at both the federal and the state level. The authors briefly critique the clinical concept of battered woman syndrome and review current federal and state case law relevant to its use as a criminal defense. Despite the fact that the U.S. Supreme Court has yet to hear a case involving testimony concerning battered woman syndrome, its scope as a criminal defense is expanding.

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Blowers, Anita Neuberger, and Beth Bjerregaard. "The admissibility of expert testimony on the battered woman syndrome in homicide cases." Journal of Psychiatry & Law 22, no. 4 (December 1994): 527–60. http://dx.doi.org/10.1177/009318539402200404.

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This paper examines the issue of the battered woman syndrome in homicide cases where the woman killed her abuser. In particular, state appellate court decisions where the admissibility of the battered woman syndrome was a central issue are analyzed to determine the extent to which courts have been admitting or excluding expert testimony in these cases. Our findings suggest that although courts today are more willing to accept expert testimony on the battered woman syndrome, there is a lack of uniformity among the courts regarding the criteria utilized to determine admissibility.

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13

Easteal, Patricia Weiser, and Julie Stubbs. "Battered Woman Syndrome: Misunderstood?/The (Un)Reasonable Battered Woman? A Response to Easteal." Current Issues in Criminal Justice 3, no. 3 (March 1992): 356–61. http://dx.doi.org/10.1080/10345329.1992.12036541.

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14

Kaplan, Robert. "The Debate on the Battered Woman Syndrome." Australasian Psychiatry 2, no. 3 (June 1994): 118. http://dx.doi.org/10.3109/10398569409082064.

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15

Sigler, Robert T., and Chadwick L. Shook. "Judicial Acceptance of The Battered Woman Syndrome." Criminal Justice Policy Review 8, no. 4 (December 1997): 365–82. http://dx.doi.org/10.1177/088740349700800403.

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16

McMahon, Marilyn. "Battered women and bad science: The limited validity and utility of battered woman syndrome." Psychiatry, Psychology and Law 6, no. 1 (January 1999): 23–49. http://dx.doi.org/10.1080/13218719909524946.

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17

Gleason, Walter J. "Mental Disorders in Battered Women: An Empirical Study." Violence and Victims 8, no. 1 (March 1, 1993): 53–68. http://dx.doi.org/10.1891/0886-6708.8.1.53.

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Prevalence of mental disorders in 62 battered women receiving services from a Florida battered woman agency was identified by means of a structured interview, the Diagnostic Interview Schedule. Of the total sample of battered women, 30 were in a shelter operated by the agency and 32 were living in their own homes and receiving assistance from the agency. Resultant diagnoses met diagnostic criteria developed in the Diagnostic and Statistical Manual (3rd. ed.) of the American Psychiatric Association. The Diagnostic Interview Schedule is a 263 item structured interview used in the National Institute of Mental Health Epidemiological Catchment Area program carried out in the early 1980s. The Diagnostic Interview Schedule permits the use of 10,953 females in the epidemiological study as a comparison group of normal women. Scoring of the interviews was done by a computer diagnostic program with absolute decision rules. Extremely high prevalence was found for psychosexual dysfunction, major depression, post traumatic stress disorder, generalized anxiety disorder, and obsessive compulsive disorder. These diagnoses appear to reflect the major components of the battered woman syndrome developed by Lenore Walker and the study approximates Walker's request for improved methodology in the research into the psychology of the battered woman.

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18

Wells, Celia. "Battered woman syndrome and defences to homicide: where now?" Legal Studies 14, no. 2 (July 1994): 266–76. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00502.x.

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For many women, the abuse of power in the form of physical and emotional battering by their so-called ‘partners’ is a fact of life. Individual women feel the pain, the humiliation, the fear and the anger. But the debate about how legally we should respond to a woman who finally kills her abuser is significant beyond the individual. Whatever the predicament of women such as Sara Thornton, or Kiranjit Ahluwalia, sentenced to life imprisonment and forced to scale seemingly impossible obstacles in the appeal process, the exponential rise in literature on this subject is quite disproportionate to the number and increase (if any) in such cases. The real significance of the ‘self-defence for battered women’ movement lies less in these concrete examples and more in its metaphorical role as witness to the social reality of the abuse of women.

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19

Gina, S. Rhee. "Battered Women in Criminal Court and Admission of Expert Testimony on the Battered Woman Syndrome." Jeonbuk Law Review 68 (May 31, 2022): 135–56. http://dx.doi.org/10.56544/jblr.2022.05.68.135.

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20

Sturkie, Kinly. "The Battered Woman Syndrome and Battered Women and Their Families: Intervention Strategies and Treatment Programs." Health & Social Work 10, no. 3 (1985): 234–35. http://dx.doi.org/10.1093/hsw/10.3.234.

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21

Chandra, Sadanandavalli Retnaswami, and Thomas Gregor Issac. "Battered woman syndrome: An unusual presentation of pseudodystonia." Journal of Neurosciences in Rural Practice 5, no. 02 (April 2014): 189–90. http://dx.doi.org/10.4103/0976-3147.131679.

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ABSTRACTPseudodystonia is the term used to define abnormal postures, which are not due to the disorders of the basal ganglia and is encountered very rarely in clinical practice and often difficult to distinguish from true dystonia syndromes. We report a rare case of a battered woman who was managed as restricted resistant dystonia with pharmacotherapy and intrathecal baclofen and referred for considering deep brain stimulation (DBS). The patient turned out to be a case of pseudodystonia due to bilateral hip dislocation. This was due to assault by a close relative and the history was masked by the patient for more than one and a half years. In a patient with late onset dystonia, who is resistant to the recommended treatment for dystonia along with atypical clinical features and electrophysiological parameters, pseudodystonia should always be considered as a possible diagnosis and evaluated for causes of the same.

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22

Murray, Yxta Maya. "The Battered Woman Syndrome and the Cultural Defense." Federal Sentencing Reporter 7, no. 4 (January 1, 1995): 197–200. http://dx.doi.org/10.2307/20639789.

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23

Zepinic, Vito. "Battered Woman Syndrome: The Iceberg of Domestic Violence." Beijing Law Review 14, no. 01 (2023): 143–61. http://dx.doi.org/10.4236/blr.2023.141008.

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24

Bunce, Christa. "Psychologically Bound: Why Expert Evidence Regarding Battered Woman Syndrome Should Be Admissible." SMU Law Review 75, no. 4 (2022): 861. http://dx.doi.org/10.25172/smulr.75.4.5.

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The affirmative defense of duress was created to protect a person coerced into committing a violent physical crime. Alongside duress, battered woman syndrome (BWS) is a psychological theory created to explain why women choose to kill abusive partners rather than leave them. Although BWS is a well-known and supported legal theory, historically, courts have been reluctant to allow expert evidence regarding the syndrome into testimony to help explain a battered woman’s behavior. Battered women have been so subjected to abuse and violence that their psychological perception is altered. In cases where expert evidence has been admitted, it profoundly affected jurors’ perception of battered women. The admitted expert evidence allows the jury to see her actions as her only available choice to protect herself. Thus, all courts should move to permit the admission of expert evidence regarding BWS to allow these women a fair trial and the potential opportunity to avoid a life behind bars. This Comment seeks to understand the implications of BWS and the substantial impact expert testimony can have when attempting to prove a duress defense. It purports to familiarize the reader with BWS and duress generally before critically analyzing the psychological repercussions of BWS, which can be conveyed to a jury through the admission of expert evidence. This Comment looks to the current circuit split regarding the admissibility of such evidence and outlines each court’s reasoning. Ultimately, this Comment advocates for the admission of expert evidence and attempts to urge undecided jurisdictions on the matter using legal arguments, recent federal and state court decisions, statistical evidence stressing the widespread nature of the matter, and the societal effects, both recent and historical.

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25

Türkoğlu, Selin. "Self-Defence and Domestic Violence: An Analysis of Turkish Criminal Law Practice." Athens Journal of Law 9, no. 1 (December 29, 2022): 103–16. http://dx.doi.org/10.30958/ajl.9-1-5.

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How to assess the criminal liability of the abused woman who kills her abuser while in his sleep or in a state of unconsciousness has become a salient topic of debate in recent years. Although there is a tendency to consider these acts within the context of self-defence with the impact of “the battered woman syndrome” theory and the movement to battle against domestic violence, the debate still persists. Despite some opinions that such acts should be considered self-defence in the Turkish doctrine, the Turkish Courts, for the most part, tend to evaluate them as provocation. According to the Turkish Penal Code, only acts that are a response to occurring attacks or those that are certain to ensue are considered “self-defence.” Domestic violence is not accepted as itself as an attack if it does not meet these conditions. In this study, we will examine how such cases are treated in Turkish law practice in light of three decisions of The Court of Cassation. Prior to the explanations about self-defence and domestic violence, we will provide an overview of how this practice should be interpreted in the context of domestic violence according to the Turkish penal doctrine (I). It is argued that the conditions of self-defence are gender-neutral provisions, indicating they do not take into consideration “the battered woman syndrome” or female victims of domestic violence. This study will also focus on the conditions of self-defence in the Turkish Penal Code and will analyse it in the context of domestic violence (II). Keywords: Violence against women; domestic violence; battered woman syndrome; self-defence; provocation.

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26

McPherson, Rachel. "Battered Woman Syndrome, Diminished Responsibility and Women Who Kill: Insights from Scottish Case Law." Journal of Criminal Law 83, no. 5 (June 24, 2019): 381–93. http://dx.doi.org/10.1177/0022018319858506.

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Using Scotland as a case study, this article maps the development of Battered Woman Syndrome in law. It looks to the potential space for development that has been created by the recent case of Graham v HM Advocate, concluding that such a more would be an important step and one with significant implications for domestic abuse policy and the treatment of female accused more widely.

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27

Ono, Erika. "Reformulating the Use of Battered Woman Syndrome Testimonies in Canadian Law." Affilia 32, no. 1 (December 1, 2016): 24–36. http://dx.doi.org/10.1177/0886109916679862.

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This article examines the use of battered woman syndrome (BWS) expert testimonies in Canadian case law, regarding cases involving murder or attempted murder of abusive partners by women in violent intimate relationships. The purpose of this article is to contribute to literature about the use of BWS evidence in Canadian jurisprudence with connections to social work. The author provides a historical overview of the use of BWS testimonies in Canada and presents case examples. The article explores the benefits of BWS testimonies, its limitations, recommendations for reformulating its use, and implications for social work practice.

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28

Paradis, Cheryl. "Assessment of Intimate Partner Violence and the Battered Woman Syndrome." Psychiatric Annals 47, no. 12 (December 1, 2017): 593–97. http://dx.doi.org/10.3928/00485713-20171107-01.

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29

Long, Grace M., and J. Regis Mcnamara. "Paradoxical Punishment as It Relates to the Battered Woman Syndrome." Behavior Modification 13, no. 2 (April 1989): 192–205. http://dx.doi.org/10.1177/01454455890132003.

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30

Maguigan, Holly. "Review essay / It's time to move beyond “Battered woman syndrome”." Criminal Justice Ethics 17, no. 1 (January 1998): 50–57. http://dx.doi.org/10.1080/0731129x.1998.9992049.

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31

Millen, Danielle H., Tom D. Kennedy, Ryan A. Black, David Detullio, and Lenore E. Walker. "Battered Woman Syndrome Questionnaire (BWSQ) Subscales: Development, Reliability, and Validity." Journal of Aggression, Maltreatment & Trauma 28, no. 7 (June 20, 2019): 848–69. http://dx.doi.org/10.1080/10926771.2019.1627684.

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32

Walker, Lenore E. "Post-traumatic stress disorder in women: Diagnosis and treatment of battered woman syndrome." Psychotherapy: Theory, Research, Practice, Training 28, no. 1 (1991): 21–29. http://dx.doi.org/10.1037/0033-3204.28.1.21.

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33

Khanna, Disha. "Battered Woman Syndrome: Its Repercussions and Implications on Women of the Present Era." International Journal of Clinical and Experimental Medical Sciences 1, no. 2 (2015): 7. http://dx.doi.org/10.11648/j.ijcems.20150102.11.

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34

Terrance, Cheryl, and Kimberly Matheson. "Undermining Reasonableness: Expert Testimony in a Case Involving a Battered Woman who Kills." Psychology of Women Quarterly 27, no. 1 (March 2003): 37–45. http://dx.doi.org/10.1111/1471-6402.t01-2-00005.

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Student participants ( N = 316) viewed a videotaped simulated case involving a woman who had entered a self-defense plea in the shooting death of her abusive husband. As successful claims of self-defense rest on the portrayal of a defendant who has responded reasonably to his/her situation, the implications of various forms of expert testimony in constructing this narrative were examined. Jurors were presented with either expert testimony regarding the battered woman syndrome (BWS), the BWS framed within post-traumatic stress disorder (PTSD) nomenclature, or a no-expert control condition. As the BWS classification may support a stereotypical victim, the degree to which the defendant fit the stereotype in terms of her access to a social support network (family, friends, employment outside of the home) was varied within the expert testimony conditions to reflect either a high or low degree of stereotype fit. Although jury verdicts failed to differ across expert testimony and stereotype fit conditions, perceptions of her credibility and mental stability did. Although affording jurors a framework from which the defendant's experiences as a battered woman may be acknowledged, this portrayal, as advanced within PTSD nomenclature, endorsed a pathological characterization of the defendant. Implications of this discourse for battered women within the context of self-defense are discussed.

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35

Russell, Brenda. "Battered Woman Syndrome as a Legal Defense: History, Effectiveness, and Implications." Partner Abuse 2, no. 3 (2011): 382–84. http://dx.doi.org/10.1891/1946-6560.2.3.382.

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36

Wallace, Harvey. "The Battered Woman Syndrome: Self-Defence and Duress as Mandatory Defences?" Police Journal: Theory, Practice and Principles 67, no. 2 (April 1994): 133–39. http://dx.doi.org/10.1177/0032258x9406700208.

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37

Tang, Kwong-Leung. "Battered Woman Syndrome Testimony in Canada: Its Development and Lingering Issues." International Journal of Offender Therapy and Comparative Criminology 47, no. 6 (December 2003): 618–29. http://dx.doi.org/10.1177/0306624x03257519.

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38

Dutton, Donald G., and Susan Painter. "The battered woman syndrome: Effects of severity and intermittency of abuse." American Journal of Orthopsychiatry 63, no. 4 (1993): 614–22. http://dx.doi.org/10.1037/h0079474.

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39

Schuller, Regina A. "The impact of battered woman syndrome evidence on jury decision processes." Law and Human Behavior 16, no. 6 (1992): 597–620. http://dx.doi.org/10.1007/bf01884018.

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40

Rix, Keith. "'Battered woman syndrome' and the defence of provocation: two women with something more in common." Journal of Forensic Psychiatry 12, no. 1 (January 2001): 131–49. http://dx.doi.org/10.1080/09585180010027860.

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41

O'Donovan, Katherine. "Law's Knowledge: The Judge, The Expert, The Battered Woman, and Her Syndrome." Journal of Law and Society 20, no. 4 (1993): 427. http://dx.doi.org/10.2307/1410210.

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42

Faigman, David L. "The Battered Woman Syndrome and Self-Defense: A Legal and Empirical Dissent." Virginia Law Review 72, no. 3 (April 1986): 619. http://dx.doi.org/10.2307/1072974.

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43

Biggers, Jacquelyne. "A Dynamic Assessment of the Battered Woman Syndrome and Its Legal Relevance." Journal of Forensic Psychology Practice 3, no. 3 (June 1, 2003): 1–22. http://dx.doi.org/10.1300/j158v03n03_01.

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44

Schuller, Regina A., and Sara Rzepa. "Expert testimony pertaining to battered woman syndrome: Its impact on jurors' decisions." Law and Human Behavior 26, no. 6 (2002): 655–73. http://dx.doi.org/10.1023/a:1020933618221.

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45

Schuller, Regina A., and Neil Vidmar. "Battered woman syndrome evidence in the courtroom: A review of the literature." Law and Human Behavior 16, no. 3 (1992): 273–91. http://dx.doi.org/10.1007/bf01044770.

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46

Kuhl, Anna F., and Inger Sagatun. "Emergence of the battered woman syndrome: The impact upon the legal system." American Journal of Criminal Justice 12, no. 1 (September 1987): 94–114. http://dx.doi.org/10.1007/bf02887541.

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47

Warren, Laura D. "The Indigent Defendant's Toolbox: Debating the Addition of the Battered Woman Syndrome Expert." University of Chicago Law Review 69, no. 4 (2002): 2033. http://dx.doi.org/10.2307/1600626.

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48

Wallace, Harvey. "The Battered Woman Syndrome: Self-Defence and Duress as Mandatory Defences? Part 2." Police Journal: Theory, Practice and Principles 67, no. 3 (July 1994): 232–36. http://dx.doi.org/10.1177/0032258x9406700308.

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49

Goosen, Samantha. "Battered Women and the Requirement of Imminence in Self-Defence." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 70. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2305.

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Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most notably the establishment of the "reasonable woman standard" as advanced in the case of S v Engelbrecht 2005 (92) SACR 41 (W) - has moved the law of self-defence into the realm of subjectivity. The end result not only undermines self-defence as a justification defence, but is also unworkable for a number of reasons. For instance, utilising expert testimony to explain how the battered woman’s syndrome affects individual perception would leave a judge with no meaningful way to determine if that abused woman’s belief in the imminence of danger was reasonable, even if viewed from her distorted perspective. It is suggested that no reference need be made to the "reasonable battered woman", since South African courts already do this to a limited extent by taking a number of factors into account in determining if the abused woman acted reasonably. By rethinking certain factors in the situation as a set of relatively innocuous normative propositions, the abused woman’s actions can be judged in accordance with standard propositions in the law of self-defence.

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50

Handl, Melisa N. "Mujeres abusadas que matan." Revista Jurídica Austral 1, no. 2 (December 12, 2020): 671–769. http://dx.doi.org/10.26422/rja.2020.0102.han.

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This paper analyzes the exclusion of responsibility in cases of battered women who kill their abusive partners in self-defence, emphasizing the theoretical and practical difficulties from a gender lens. I investigate self-defence simultaneously from a double perspective: the perspective of intimate partner violence, and the perspective of Canadian law. I reflect on alternative solu-tions in cases where there was a deferred self-defence, seeking a more equitative response from institutions. Self-defence protects whoever kills another person to defend herself or a third party. Even though this legal figure seems unquestionable, it is actually an ambiguous area in criminal law. Women who are abused for extended periods of time, who one day kill their abu-sers, generally do not do so during a context of physical confrontation. In this paper, instead of merely restricting my analysis to the events that occurred on the day of the abuser’s death, I will go back in time to scrutinize in detail the cycle of systematic violence and the “battered woman syndrome”, as well as the theory of “coercive control” in the Canadian context. I draw from the famous Canadian case Rust v. Lavallee (1990). I problematize some of the requirements for self-defence, emphasizing their inability to respond to the realities of battered women. This research shows a problematic disconnect between the current legal framework and the realities of violence against women.

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Journal articles on the topic 'Battered woman syndrome'

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