When the Battered Woman Becomes the Defendant (From Crime and Its Victims: International Research and Public Policy Issues, P 57-69, 1989, Emilio C Viano, ed. -- See NCJ-119600)

• NCJ Number: 119606
• Author(s): L E A Walker
• Date Published: 1989
• Length: 13 pages
• Sale Source: Hemisphere Publishing Corp
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

Statistics suggest that approximately 12 percent of all homicides in this country are committed by women, most of whom are battered women who kill their abusive partners in self-defense.

Abstract

A battered woman who becomes a murder defendant today may be in greater legal jeopardy than in earlier days as a result of the very programs created to help her when she is the victim. This danger can come from a failure to protect her right to remain silent by breaking confidentiality or from ineffective programs in which she is told she will be safe. In many cases, the battered woman defendant's actions can be justified or excused on the basis of fear of further abuse or retaliation. The admissibility of psychological testimony to support a justification defense has been slowly evolving out of case law decisions over the past ten years. The rise of programs to meet victims' rights to services has not always considered changes in the legal rights. It should be anticipated that in a small number of cases the reempowered victim will have no choice but to kill or be killed, and policies should be designed to protect her in case she becomes a defendant. Bibliography