NCJ Number
174950
Journal
Criminal Justice Policy Review Volume: 8 Issue: 4 Dated: 1997 Pages: 365-382
Date Published
1997
Length
18 pages
Annotation
This article reviews the legal theory and issues related to the use of the battered woman defense and presents the results of a 1995 mail survey of Alabama judges regarding the use of this defense.
Abstract
The battered woman defense lies at the intersection of two trends in the evolution of law and practice in the courts: the trend to extend traditional defenses such as necessity and duress and trends in law related to domestic assault. The evolution of law related to domestic violence is closely linked to the changing status of women in society. The two defenses most commonly associated with the battered woman defense make different basic arguments: insanity as an excuse and self-defense as a justification. The admittance of expert testimony regarding the battered woman syndrome is crucial to a successful battered woman defense. The survey collected information on a three-page, two-part questionnaire. Responses came from 77 of the 128 State circuit court judges. Sixty-one percent reported that they had not presided over a homicide trial in which the battered woman syndrome had been raised. Participants did not regard the battered woman defense highly, but they were willing to allow expert testimony on the defense. Older and more experienced judges were less receptive to this defense than were younger and less experienced judges. Findings indicated the need for materials and training on this topic for judges and attorneys and for further research on several aspects of this issue. Tables, appended instrument and cover letter, and 50 references (Author abstract modified)