NCJ Number
101438
Journal
Trial Volume: 2 Issue: 2 Dated: (February 1986) Pages: 74-79
Date Published
1986
Length
5 pages
Annotation
Self-defense can be successfully argued on behalf of an abused wife accused of killing her abusive husband, but only if defense counsel follows specific pretrial preparation procedures.
Abstract
Defense attorneys should contact staff of a battered women's shelter to arrange an interview between client and staff to determine her status as a battered wife. If a shelter is not available, a psychiatrist or psychologist with experience in domestic violence should be obtained. Attorneys should research the battered wife syndrome to develop reasons for clients' staying in the abusive situation and keeping the abuse secret. A profile of the batterer should also be developed. Evidence sources to pursue include hospital records of client injuries, police reports of domestic disturbances at the client's residence, and persons who may have witnessed the abuse or observed its symptoms. Should the case go to trial, the defense attorney should prepare a trial brief to qualify experts who will testify on the battered wife syndrome. State appellate courts generally allow such testimony under specified conditions. In preparing for juror selection, defense attorneys should investigate panel members' backgrounds and select those most likely to understand and sympathize with the battered wife syndrome. Fact witnesses should be presented first, followed by client testimony on the abuse and expert testimony. 27 notes.