NCJ Number
152575
Journal
Women and Criminal Justice Volume: 6 Issue: 1 Dated: (1994) Pages: 39-66
Date Published
1994
Length
25 pages
Annotation
This paper critically examines the law of self-defense and provocation in North America, England, and Wales in cases in which battered women kill their partners.
Abstract
The discussion argues that neither self-defense nor provocation adequately recognizes the situation in which most abused women find themselves, and that the present criteria for both defenses reflect this inadequacy. Legal advocates and supporters of battered women who murder have thus sought to find alternative strategies for the defense in murder cases involving battered women. One of these strategies has been the introduction of expert evidence on the battered woman syndrome. The analysis concludes that in determining how best to formulate new approaches to defending battered women, the starting point should be to acknowledge the history of the battering relationship and recognize that battered women will use a variety of methods to fend off their attackers. However, advocates must also be aware of the broader issues involved in trying to change the meaning of current legal terms such as self-defense. 34 reference notes (Author abstract modified)