NCJ Number
191060
Journal
Journal for Juvenile Justice and Detention Services Volume: 15 Issue: 2 Dated: Fall 2000 Pages: 85-98
Date Published
2000
Length
14 pages
Annotation
This paper examines battered child syndrome as a legal defense.
Abstract
A growing number of States are recognizing juveniles' right to use battered child syndrome as a legal defense when these juveniles have killed their parents or guardians after a period of abuse. The argument presented is that battered child syndrome is no different from battered woman syndrome, which is almost universally recognized in law. Furthermore, to prevent juveniles' use of battered child syndrome deprives them of equal protection of the law. Despite the growing acceptance of this defense, the paper contends that battered child syndrome as a legal defense to parricide does not help severely abused children, exacerbates current juvenile violence, and is tainted by racial and social biases. The paper concludes that development of a battered child syndrome is ill-advised and does not serve abused children who need it most, such as children 5 years of age and younger. Battered child syndrome serves to excuse adolescents involved in the homicide of their parents and guardians and may encourage other violence. With the expansion of abuse and violence, almost anyone can claim victimhood. Telling juveniles they have a right to kill if they have been abused serves society no good. References