NCJ Number
100335
Journal
St John's Law Review Volume: 59 Issue: 3 Dated: (Spring 1985) Pages: 558-587
Date Published
1985
Length
30 pages
Annotation
This paper examines the sociomedical theories of battered woman's syndrom (BWS) and premenstrual syndrome (PMS) and discusses factors relevant to their admissibility as evidence and as bases for defenses to criminal liability.
Abstract
BWS is characterized by victims' constant fear, diminished self-esteem, and feelings of isolation and helplessness. The result can be the woman's eventually striking back against the abuser. PMS is characterized by mood swings, clumsiness, depression, and other emotional and behavioral symptoms possibly associated with hormonal changes. While criminal defenses based on BWS have been asserted successfully in many jurisdictions, a PMS defense has not been tried in the United States. It is argued the disparate judicial treatment that has so far been accorded these two syndromes is unwarranted. Both of these syndromes are relevant to accepted legal defenses (self-defense in BWS, insanity/diminished capacity in PMS), and both have reached a similar level of scientific knowledge and acceptance. While both theories have been criticized for granting preferential treatment to women, and while the broader social implications of the two differ, these are not relevant to the syndromes' validity as a legal defense and are insufficient reasons for denying the defendant a fair trial. 168 footnotes.