NCJ Number
86126
Journal
Criminal Justice Journal Volume: 4 Issue: 1 Dated: (Fall 1980) Pages: 161-179
Date Published
1980
Length
19 pages
Annotation
This note argues that the subject of battered women is not one for common knowledge and that expert testimony should threfore be admissible in cases where the woman was required to defend herself against male aggression.
Abstract
At the present time, there are no Federal court rulings establishing wife battery as a proper subject matter for the use of expert testimony. In addition, the question as to whether psychological testimony regarding battered women may be used in murder cases has not been answered. The only reported case which rules on the issue of whether the subject of battered women should be included among those subjects which require expert testimony is Ibn-Tamas v. United States (1979). In that case, the appellate court ruled that there was no ground for finding that the expert was not qualified and competent to testify. The court also found that the jury could not evaluate from the evidence itself, without the explanation of an expert, the defendant's relationship with her husband. Expert testimony in such cases can provide a description of the battered woman syndrome, explanation of the reasons why women remain in these situations, and characteristics of the battering male. For a successful self-defense plea, the defendant in a murder case must show that the killing was justified. In addition, such testimony regarding the women's perception of her situation may be effectively used by the prosecution to convict wife-batterers and rapists. Judges must be convinced of the necessity of expert testimony in these cases, as it is within their discretion whether to admit or exclude it. The note provides 85 footnotes.