NCJ Number
61465
Journal
Wayne Law Review Volume: 24 Issue: 5 Dated: (SEPTEMBER 1978) Pages: 1705-1731
Date Published
1978
Length
27 pages
Annotation
AN ANALYSIS OF THE LAW'S RESPONSE TO THE PROBLEM OF SPOUSAL ABUSE REVEALS A TREND TOWARD THE APPLICATION OF SELF-DEFENSE AND JUSTIFIABLE HOMICIDE PROVISIONS FOR BATTERED WIVES.
Abstract
WOMEN ARE LESS LIKELY TO COMMIT HOMICIDES THAN ARE MEN, BUT WHEN WOMEN KILL, THEY ARE LIKELY TO KILL THEIR HUSBANDS. SEVERAL WOMEN SINCE 1977 HAVE CLAIMED SPOUSAL ABUSE AS THE CAUSE OF THE HOMICIDE AND HAVE WON ACQUITTALS IN TRIALS FOR THE KILLINGS OF THEIR HUSBANDS. ANOTHER WOMAN CONVICTED EARLIER HAD HER SENTENCE COMMUTED BY THE GOVERNOR, AND OTHER OFFENDERS HAVE BEEN CONVICTED OF LESSER CRIMES. AN ANALYSIS OF WIFE ABUSE IN THE UNITED STATES INDICATES THAT POLICE FREQUENTLY HAVE HAD PRIOR CONTACT WITH COUPLES LATER INVOLVED IN HOMICIDE CASES. HOWEVER, THE POLICE ARE GENERALLY UNTRAINED IN THE PROPER HANDLING OF DOMESTIC VIOLENCE CASES AND ARE UNABLE TO PREVENT THE ESCALATION OF CONFLICT. ALTHOUGH SEVERAL CASES REVEAL A PATTERN OF VIOLENCE IN WHICH A PREVIOUSLY AGGRESSIVE PARTY IS KILLED, THE EXISTENCE OF SUCH A PATTERN DOES NOT JUSTIFY ACQUITTAL IN SPOUSAL HOMICIDE CASES. THUS, THE ACQUITTALS GRANTED BY JURIES REVEALS A DISTURBING EXPANSION OF THE JUSTIFIABLE HOMICIDE DOCTRINE AND MAY INDICATE A TREND TOWARD PERMITTING RETALIATION FOR A PARTICULAR CLASS OF DEFENDANTS. NO VERDICT OF ACQUITTAL HAS BEEN BASED EXPRESSLY ON WIFE ABUSE AS A DEFENSE TO HOMICIDE, BUT THE CASES REVEAL THAT TRADITIONAL DEFENSES HAVE BEEN EXPANDED BEYOND THEIR STATUTORY DEFINITIONS TO ALLOW THE ACQUITTALS. IN NONE OF THE REPORTED CASES WHERE WIVES ALLEGED SELF-DEFENSE DID THE DECEDENT ATTACK THE DEFENDANT WITH A WEAPON, AND THE DEFENDANTS' USE OF FATAL FORCE APPEARS DISPROPORTIONATE TO THE FORCE USED AGAINST THEM. WHILE A FEW OF THE DEFENDANTS IN SUCH CASES COULD TAKE ADVANTAGE OF THE PROVOCATION DOCTRINES WHICH REDUCE CHARGES AGAINST THEM, COURTS HAVE INCORRECTLY PERMITTED DEFENDANTS TO GAIN ACQUITTALS THROUGH APPLICATION OF INSANITY DEFENSES. TO REDUCE INCIDENTS OF BOTH WIFE ABUSE AND SPOUSAL HOMICIDE, THE CRIMINAL AND CIVIL STATUTES SHOULD BE AMENDED TO CREATE ADEQUATE DISPUTE RESOLUTION AND ENFORCEMENT MEASURES FOR DOMESTIC VIOLENCE. FOOTNOTES ARE PROVIDED. (TWK)