Готові списки джерел за темами / Battered Women's Syndrome BWS

Добірка наукової літератури з теми "Battered Women's Syndrome BWS"

Автор: Grafiati

Опубліковано: 20 червня 2021

Оновлено: 1 лютого 2022

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Статті в журналах з теми "Battered Women's Syndrome BWS":

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.

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.

Gittelman, David K. "Malingered Dementia Associated With Battered Women's Syndrome." Psychosomatics 39, no. 5 (September 1998): 449–52. http://dx.doi.org/10.1016/s0033-3182(98)71305-2.

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Lagunathan, Sharmilaa. "Battered woman syndrome and PTSD in women who kill their abusing partner: a study in medical jurisprudence." BJPsych Open 7, S1 (June 2021): S266. http://dx.doi.org/10.1192/bjo.2021.708.

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AimsThe aim of the study was to identify any symptoms or features of Battered Woman Syndrome (BWS) or Post-traumatic Stress Disorder (PTSD) that may be associated with, or explain, abused women killing their abuser; and the extent to which such identified symptoms or features have been deemed, or are potentially relevant, to past and now reformed partial defences to murder in English law. Hence two sub-studies were completed.MethodThe first sub-study identified mental symptoms of BWS or PTSD apparent in battered women who kill their abuser; achieved by identifying relevant research papers, through applying a ‘rapid review’ approach to three databases: PubMed, PsychInfo and PsychArticles. The second sub-study identified by legal research reported Court of Appeal (CA) judgments on women appealing their conviction of the murder of their abusive partner. It then analysed the legal approach taken towards evidence of the effects of abuse upon these women before and after relevant statutory law reform (although no CA cases were identified post-reform).ResultThe first sub-study identified and reviewed six symptoms or features, within three quantitative and three qualitative studies, that appeared to be associated with, or described by, abused women killing their abuser. These included helplessness, symptoms associated with PTSD, plus fear, isolation, experience of escalation of violence and cycle of violence. From the CA cases the perpetrators of killings that occurred prior to 04.10.2010 (the date of law reform) were usually successful in having their conviction overturned based upon diminished responsibility; but not provocation, because of the requirement of ‘sudden loss of self control’. ‘Loss of control’, which replaced provocation, appears highly likely to be capable of reducing murder to manslaughter based upon symptoms of BWS, or PTSD. However, the amended defence of diminished responsibility is likely to exclude evidence of BWS, but allow evidence of PTSD, because of its requirement of the defendant suffering from ‘a recognised medical condition’.ConclusionThis study demonstrated particular symptoms or features of BWS or PTSD associated with abused women killing their abusers plus their very different relevance to two partial defences to murder, pre and post law reform.

Burnett, Myra N. "Suffering and sanctification: The religious context of Battered Women's Syndrome." Pastoral Psychology 44, no. 3 (January 1996): 145–49. http://dx.doi.org/10.1007/bf02251400.

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Chunn, Dorothy E. "Regulating (Hetero)Sexual Offences in British Columbia, 1885-1940." Israel Law Review 35, no. 2-3 (2001): 285–319. http://dx.doi.org/10.1017/s002122370001222x.

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Since the late twentieth century, much literature and debate has addressed the use and misuse of science and expertise in the courts and the relationship between science and law in the determination of legal outcomes. Feminists have examined these issues in relation to the adjudication of criminal cases involving women accused (battered woman syndrome – BWS; pre-menstrual syndrome – PMS) and women complainants/victims (rape trauma syndrome – RTS) as well as cases in other areas of law such as sex discrimination and sexual harassment. Their research demonstrates that expert testimony reflects class-based, gendered, racialized, and sexualized assumptions and is clearly important to case outcomes. On one hand, judges often are swayed by expert testimony given at trial and/or submitted at the pre-trial or pre-sentence stage of the criminal process. On the other hand, non-legal experts often act like legal agents on behalf of either the prosecution or the defense. Indeed, the issue of competing experts is central to much discussion and debate about their place in criminal proceedings.

Frigon, Sylvie. "L’homicide conjugal féminin, de Marie-Josephte Corriveau (1763) à Angélique Lyn Lavallée (1990) : meurtre ou légitime défense ?" Criminologie 29, no. 2 (August 16, 2005): 11–27. http://dx.doi.org/10.7202/017387ar.

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In this article, the author examines the socio-legal relevance of the « battered woman syndrome » (BWS) in the cases of women who kill their violent partners in Canada. The legal recognition of domestic violence in these situations, in its historical context, is examined by focusing on the Supreme Court of Canada decision in the case of Angélique Lyn Lavallée in 1990. This landmark decison is used as pivotal in this discussion in order to shed light into the reasoning behind the subsequent legal decisions. The ideas proposed in this article are part of a more general exploration of the representations of femininity and their inscription in law. In discussing female conjugal homicide, the gendered nature of law and order, the pathologization of women, the « syndromisation» phenomenon and the médicalisation of violence, the author offers some insights in thinking legal strategies but more fundamentally in the social debate to continue.

Glancy, Graham, Marissa Heintzman, and Adam Wheeler. "Battered woman syndrome: updating the expert checklist." International Journal of Risk and Recovery, October 2, 2019. http://dx.doi.org/10.15173/ijrr.v2i2.3820.

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The aim of this article is to examine the current state of the battered woman syndrome (BWS) defence in Canada and propose an update to the list of factors considered by experts evaluating the applicability of the defence to individual cases. The history and current legal definition of the defence are presented, and theories relating to BWS are summarized. Factors required of expert testimony in BWS cases are presented; cases relevant to the development of the defence that highlight these assessment factors are discussed. In a subsequent section, limitations of the defence and the role of the expert are explored. The PTSD Checklist (used in clinician diagnosis) is summarized before an updated, BWS-specific expert checklist is proposed. The updated checklist proposes six elements to be considered by an expert assessing a BWS case: 1. environmental factors, 2. attempts to leave or alter the situation, 3. risk factors of the abuser, 4. risk factors of the victim, 5. triggers for violence, and 6. contrary evidence. It is hoped that using this checklist will help experts to cover all the essential elements they must consider in order to conclude that a woman satisfies the criteria for BWS. In particular, this updated checklist will help experts to prepare comprehensive testimony that addresses the five issues defined by Justice Wilson as the expert’s duty to assess. In addition, this checklist will help experts present a firm foundation for a defence regarding the critical question of why the night of the offence was different from all other nights.

Shrestha, Dibya, and Nisha Bhandari. "Battered Women Syndrome: Need for Judicial Objectivity." Kathmandu School of Law Review, November 30, 2018, 149–64. http://dx.doi.org/10.46985/jms.v6i2.203.

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When the victims of wife-beating are subjected to excessive violence, a syndrome occurs, which during a criminal procedure can be pleaded as BWS (Battered Women Syndrome). It is also referred to as Battered Spouse Syndrome. However; the condition is most common among women than that of men. Wife battering is the most common and least reported crimes in all types of society. Some never mention about it and bear the violence while some others seek help from the law. But there also exists a different group of battered women who kill their abusive partner without any remorse. Some scholars have claimed that is a normal reaction from a woman who has been subjected to acute battering and that they should be given defense by law while some others have opposed to this notion of Battered Woman Syndrome. BWS, as a very new concept to the legal and judicial system of Nepal, still has a lot of gaps to be filled. This paper will analyze the concept and practical implications of Battered Woman Syndrome alongside the legal and judicial trend in case of Nepal. Further, this paper will establish why Battered Women Syndrome cannot blatantly be given as a defense in all cases and yet should be considered by the judiciary. In the end, the paper puts forth the necessity of new law/legal provisions in making the judicial decisions objective and justiciable in case of battered women.

Mogensen, Britta. "Voldsramte migrantkvinder - Om køn, kultur og mandlig afmagt." Kvinder, Køn & Forskning, no. 4 (December 29, 1998). http://dx.doi.org/10.7146/kkf.v0i4.28462.

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This article deals with the battered immigrant women's plight on leaving her batterer, especially when having no knowledge of Danish and no residence permit in her own right. Her encounter with the social welfare system and the police for aid and support may turn out to be a difficult task as - in spite of the law - individual social workers and police officers still deny a battered woman her rights. I argue that this is caused by an alliance between patriarchy and psychotherapy, the former presupposing the subordination of women,and the latter defining male violence as en expression of powerlessness. These ideas along with the notion that if a battered woman does not leave her batterer she is suffering from the battered woman's syndrome and is psycologically paralysed are devastating to a battered women who attempts to get away from a violent man.

Дисертації з теми "Battered Women's Syndrome BWS":

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.

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.

Книги з теми "Battered Women's Syndrome BWS":

Gagné, Patricia. Battered women's justice: The movement for clemency and the politics of self-defense. New York: Twayne Publishers, 1998.

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Backs against the wall: Battered women's resistance strategies. Binghamton, NY: Haworth Maltreatment & Trauma Press, 2007.

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A, McCloskey Kathy, and Sitaker Marilyn, eds. Backs against the wall: Battered women's resistance strategies. Binghamton, NY: Haworth Maltreatment & Trauma Press, 2007.

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