NCJ Number
108025
Journal
University of Pennsylvania Law Review Volume: 135 Issue: 427 Dated: (January 1987) Pages: 427-452
Date Published
1987
Length
26 pages
Annotation
In cases in which abused wives charged of murdering their husbands cannot use self-defense and the battered woman syndrome as their defense, they should consider presenting a defense of temporary insanity.
Abstract
Battered women who have been relying on self-defense as a justification for their actions are often successful in their defense. However, the traditional formulation and interpretations of the requirements of the law of self-defense mean that self-defense pleas are likely to be unsuccessful in some situations. Women who killed their batters during an acute battering incident will be able to meet the requirements of the self-defense standard. However, a claim of self-defense is unlikely to be successful if the woman killed her batterer during a lull in the beatings, such as when he was asleep or when his back was turned. These women cannot necessarily show that they were faced with an imminent threat of death or serious bodily harm. However, the characteristics typical of the battered woman syndrome will be of major significance in presenting an insanity defense. Although an acquittal by reason of insanity brings the possibility of commitment to a mental health facility, strong arguments can be made that such commitment is inappropriate for a battered women. Thus, this defense should be considered. 134 footnotes.