NCJ Number
144049
Date Published
1993
Length
25 pages
Annotation
This paper examines defense strategies for battered women when their response to abuse involves charges of criminal behavior.
Abstract
Battered women, who are viewed primarily as victims, often find themselves as defendants in criminal proceedings for committing acts they claim were done to protect themselves and their loved ones from further violence or even death. The introduction of psychological information about both the dynamics of wife assault and its psychological effects on a battered woman's state of mind is critical to her actions being fairly judged in criminal court. Although people who have not been victims of repeated abuse tend to believe the logical strategy is to leave the relationship, those involved in abusive relationships tend to perceive that leaving the relationship might place them in greater danger of further harm or death. Most U.S. States now permit the expert testimony of psychologists and others who can explain both the dynamics of wife assault and the battered woman syndrome. In 1992, Congresswoman Connie Morella from Maryland introduced Federal legislation that would encourage all States to change their laws to mandate such testimony when a woman claims she has been assaulted. If this legislation passes, it will also provide funding to develop resources to assist mental health professionals and attorneys to provide such expert witness testimony. 85 references