Ohio Joins the Majority and Allows Expert Testimony on the Battered Woman Syndrome: State v. Koss

• NCJ Number: 138967
• Journal: University of Cincinnati Law Review Volume: 60 Issue: 3 Dated: (Winter 1992) Pages: 877-905
• Author(s): L H Martin
• Date Published: 1992
• Length: 29 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This case note analyzes the legal response most commonly used in battered woman cases, the claim of self- defense proven with the use of expert testimony.

Abstract

After years of physical and mental abuse by her husband, Brenda Koss shot and killed her husband in 1986. Upon indictment for her husband's murder, Brenda Koss claimed that she killed her husband in self-defense and attempted to introduce evidence of the battered woman syndrome through expert testimony. The Cuyahoga County, Ohio, Court of Common Pleas denied admission of this testimony, stating that the battered woman syndrome was not sufficiently developed in the scientific community and that the subject matter of the proffered testimony was well within the jury's understanding. On appeal to the Supreme Court of Ohio, Koss argued that the trial court erred in refusing to admit expert testimony on the battered woman syndrome. The Supreme Court of Ohio overruled prior case law by holding that expert testimony on the battered woman syndrome is admissible to prove a self-defense claim. The case note concludes that the widespread existence of battered women necessitates an appropriate legal system response. In this regard, elements of self-defense require that the user of force reasonably believe she is in imminent danger of unlawful bodily harm and that the use of such force is necessary to avoid the danger. The purpose of expert testimony on the battered woman syndrome is twofold, to bolster the battered woman's credibility as a witness and to support a battered woman's self-defense argument. Although courts differ on whether expert testimony on the battered woman syndrome is admissible, most courts admit the testimony and the clear trend is toward admissibility. Legislative responses to the battered woman syndrome are examined, along with criticisms of the battered woman defense and differences of opinion on the self-defense issue. 190 footnotes