NCJ Number
178695
Journal
Psychiatry, Psychology and Law Volume: 6 Issue: 1 Dated: 1999 Pages: 51-56
Date Published
1999
Length
6 pages
Annotation
The author contends that Rebecca Bradfield, who has argued that the laws of self-defense are failing women who commit homicide in the context of domestic violence, has not adequately explored the complexities of this issue, as well as the problems that the Australian legal system faces in delivering the appropriate outcome in some cases in which battered women kill their intimate partners.
Abstract
This article is a response to a recent article by Bradfield, "Is Near Enough Good Enough? Why Isn't Self-Defence Appropriate for the Battered Woman?" which was published in "Psychiatry, Psychology and Law" Volume 5, 1998, p. 71. In arguing that the laws of self-defense are failing women who commit homicide in the context of domestic violence, Bradfield refers to the relatively infrequent use of self-defense in such cases, in contrast to provocation as a defense. She too easily dismisses the importance of battered woman syndrome as mitigating evidence in the trials of battered women who kill their intimate partners. She laments the tendency of such evidence to portray battered women as "irrational and helpless"; however, she underestimates the difficulties that often accompany an attempt to present premeditated homicide as justified under the law of self-defense. Defense counsel must persuade the jury that the defendant had reasonable grounds for dismissing alternative courses of conduct, a task that will not be easy when alternatives to homicide are viewed by the jury as being more reasonable and less drastic. When there is no immediate threat to the battered woman, the defense case will be assisted by evidence that helps the jury understand an abused woman's experience and perception of the danger posed by the batterer. The mental anguish suffered by victims of domestic abuse may well affect the manner in which juries weigh the defendant's ability to perceive rationally the alternatives available for protecting herself. 35 notes