NCJ Number
132507
Journal
Wake Forest Law Review Volume: 24 Issue: 4 Dated: (1989) Pages: 959-993
Date Published
1989
Length
35 pages
Annotation
The traditional concept of self-defense is examined in relation to the battered woman syndrome with emphasis on its interpretation in the appellate court decisions in the case of State v. Norman.
Abstract
In determining whether a homicide occurred in self-defense, the majority of courts have applied an objective rather than subjective standard to determine the reasonableness of the defendant's belief that using deadly force was necessary. This distinction is particularly important in cases where battered women kill during seemingly non-threatening situations, such as when the husband is asleep. In State v. Norman, the North Carolina Court of Appeals relaxed the traditional objective standard and gave the woman the opportunity that her action was justified, even though it did not conform to classic cases of self-defense. However, the North Carolina Supreme Court reversed the decision, thereby preventing the State from adopting an enlightened approach involving a hybrid standard, which would be appropriate in homicide cases involving non-traditional scenarios. Footnotes