NCJ Number
116209
Journal
Oregon Law Review Volume: 67 Issue: 2 Dated: (1988) Pages: 393-466
Date Published
1988
Length
74 pages
Annotation
This article summarizes psychological research studying abused women and battering relationships, discusses requirements necessary to use the self-defense claims for battered women who kill their abusive husbands, evaluates objections to self-defense claims, and outlines several defenses for those claims.
Abstract
The battered woman syndrome describes identifiable psychological characteristics exhibited by women whose husbands have physically and psychologically abused them over an extended period of time. Abused women share a variety of characteristics, including helplessness, low self-esteem, passivity, and anxiety. Battered women become isolated by their abusive husbands, making it difficult to leave the relationship. However, if a husband is killed by a battered woman, and the woman chooses the claim of self-defense, this claim can only be used in certain circumstances. The battered woman must have believed that she was in imminent danger and that the use of defensive force was necessary, she must have used no more than a reasonable amount of force, and she must not have been the aggressor in the conflict. Often, a battered woman kills her husband in a nonconfrontational setting. Although the claim of self-defense can establish all of the elements listed above, objections to the self-defense claim have been raised. These objections are concerned with the deterrent effect of the criminal law, the difficulty in identifying truly battered women among the homicide defendants, and fears that evidence submitted will prejudice the jury.