NCJ Number
119347
Date Published
1989
Length
5 pages
Annotation
In cases where battered women kill their abusers, jurors must be selected who will be sympathetic to the defendant's situation.
Abstract
The jury will make important decisions on whether to acquit or convict the defendant; whether to convict of murder, manslaughter, or some lesser offense; and whether the defendant should be found not guilty by reason of mental disease or defect. The defense attorney will likely need the court's permission to conduct an extensive voir dire. A model voir dire in cases of battered women who kill, proposed by Eisenberg and Seymour, suggests that: jurors with authoritarian personalities may relate better to a woman's self-defense claim because they may patronize her and be more tolerant of violence or weapon use; juror attitudes toward spouse abuse and rape should be determined; jurors who sex role stereotype may discount violence toward women; and prosecutors may strike people who have had experiences similar to those of the defendant. Voir dire is aimed not only at obtaining information about potential jurors but also at educating them about their responsibilities and the law. Questions to be asked of potential jurors in cases where the defendant is a battered woman accused of a violent crime against her abuser are delineated.