NCJ Number
58206
Journal
Sociological Symposium Issue: 25 Dated: SPECIAL ISSUE (WINTER 1979) Pages: 98-118
Date Published
1979
Length
21 pages
Annotation
TRENDS IN DEFENSE STRATEGIES AND CASE DISPOSITIONS FOR BATTERED WIVES CHARGED WITH MURDERING THEIR HUSBANDS ARE SURVEYED, WITH REFERENCE TO SPECIFIC CASES.
Abstract
AT ONE TIME, ABUSED WOMEN WHO KILLED THEIR HUSBANDS USUALLY WERE DEFENDED ON GROUNDS OF INSANITY. HOWEVER, A NUMBER OF CASES INDICATE THAT JUDGES, ATTORNEYS, AND JURIES ARE BECOMING INCREASINGLY SYMPATHETIC TO OTHER DEFENSES FOR WOMEN WHO CLAIM TO HAVE BEEN DRIVEN TO KILL BY THEIR HUSBANDS' ABUSE. CRUCIAL CHANGES IN LEGAL THEORY AND PRACTICE HAVE INCLUDED GREATER RELIANCE ON SELF-DEFENSE STRATEGIES, RECOGNITION OF PROVOCATION AS A MITIGATING FACTOR, ADMISSION OF EVIDENCE CONCERNING SPECIFIC PRIOR ACTS OF THE DECEDENT, AND RECOGNITION OF WOMEN'S GREATER NEED TO RESORT TO WEAPONS TO PROTECT THEMSELVES. PART OF THE SIGNIFICANCE OF THESE CHANGES LIES IN THE MODIFICATION OF SEX ROLE STEREOTYPES THEY REFLECT. THE CHANGES ALSO REFLECT A GROWING PUBLIC AWARENESS AND CONCERN ABOUT DOMESTIC ABUSE, ATTRIBUTABLE IN LARGE PART TO THE EFFORTS OF WOMEN'S RIGHTS ORGANIZATIONS. IT IS TOO EARLY TO DETERMINE WHETHER THE APPARENT WILLINGNESS OF THE COURTS TO MODIFY ESTABLISHED LEGAL DOCTRINES OF SELF-DEFENSE IN CASES OF BATTERED WIVES WILL CONSTITUTE A CONTINUING TREND. HOWEVER, IT IS CLEAR THAT THERE IS LEGAL RECOGNITION OF THE PREVALENCE AND SEVERITY OF MARITAL ABUSE ACCOMPANIED BY PUBLIC INTEREST IN AMELIORATING THE CAUSES AND CONSEQUENCES OF SUCH ABUSE. (LKM)