NCJ Number
49017
Journal
Trial Volume: 14 Issue: 7 Dated: (JULY 1978) Pages: 34-36,41-42,68
Date Published
1978
Length
6 pages
Annotation
THE USE OF THE SELF-DEFENSE PLEA BY LAWYERS REPRESENTING WOMEN WHO, BEATEN BY THEIR HUSBANDS OR LOVERS, HAVE RETALIATED WITH MURDER IS DISCUSSED.
Abstract
'BATTERED WOMEN' CASES IN WHICH THE SELF-DEFENSE PLEA PROVED SUCCESSFUL ARE NOTED, BUT IT IS POINTED OUT THAT, IN THE PAST, WOMEN GENERALLY HAVE LOST SUCH THEMSELVES. PSYCHOLOGICAL TENDENCIES THAT INFLUENCE THESE WOMEN FROM PHYSICAL ABUSE BY MATES IS DISCUSSED. CONDITIONS THAT LEAD BATTERED WOMEN TO TOLERATE THEIR SITUATIONS ARE NOTED. USE OF THE SELF-DEFENSE PLEA IN CASES INVOLVING BATTERED WOMEN WHO HAVE MURDERED THEIR MATES IS VIEWED AS AN IMPORTANT FACTOR IN HELPING BATTERED WOMEN REGAIN THEIR SELF-RESPECT. CRUCIAL COMPONENTS OF A SELF-DEFENSE PLEA -- IMMEDIATE THREAT OF GREAT BODILY HARM OR DEATH VERSUS PATTERN OF MENTAL AND PHYSICAL ABUSE, AND THE FLIGHT RULE (THE PRINCIPLE THAT, BEFORE ONE MAY DEFEND ONESELF, ONE MUST TRY ALL AVAILABLE MEANS OF ESCAPE) ARE NOTED, AND COURT RULINGS AND OTHER FACTORS TO BE CONSIDERED BY LAWYERS IN CONNECTION WITH THESE COMPONENTS ARE DISCUSSED. ARGUMENTS THAT MAY BE USED BY THE PROSECUTION AGAINST A SELF-DEFENSE PLEA ARE NOTED. RELEVANT NATIONAL AND STATE LEGISLATION IS CITED. A LIST OF REFERENCES IS INCLUDED. (LKM)