NCJ Number
153834
Journal
New England Law Review Volume: 28 Issue: 2 Dated: (Winter 1993) Pages: 453-482
Date Published
1993
Length
30 pages
Annotation
This article examines the Rhode Island Supreme Court's acceptance of battered women's syndrome (McMaugh v. State) as a means of establishing coercion as a defense for women who kill their batterers.
Abstract
Traditionally, a battered woman's defense consists of the admission of sufficient evidence of abuse to demonstrate that the victim killed her aggressor, typically her spouse or intimate companion, in self-defense. In McMaugh v. State, the Rhode Island Supreme Court recently shifted the dynamic of the doctrine from self-defense to coercion by permitting Ann McMaugh to use battered woman's syndrome to establish the coercive measures implemented by her husband. Part II discusses background on self- defense, the development of the battered woman concept, and the coercion defense. Part III establishes the facts upon which the case is based and the holding of the court. Part IV, which provides a detailed analysis of the opinion, explores whether and how other courts apply evidence of battered woman's syndrome in cases other than self-defense. Finally, the potential effects of a shift from self-defense to coercion is investigated to determine whether recognition at a lower standard would promote universal acceptance of battered woman's syndrome as an absolutely justifiable self-defense. 220 footnotes