Rethinking battered woman syndrome evidence: The impact of alternative forms of expert testimony on mock jurors' decisions.

2004 ◽  
Vol 36 (2) ◽  
pp. 127-136 ◽  
Author(s):  
Regina A. Schuller ◽  
Elisabeth Wells ◽  
Sara Rzepa ◽  
Marc A. Klippenstine
Keyword(s):  
Expert Testimony ◽  
Battered Woman ◽  
Mock Jurors ◽  
Battered Woman Syndrome ◽  
The Impact

The admissibility of expert testimony on the battered woman syndrome in homicide cases

1994 ◽  
Vol 22 (4) ◽  
pp. 527-560 ◽  
Author(s):  
Anita Neuberger Blowers ◽  
Beth Bjerregaard
Keyword(s):  
Expert Testimony ◽  
Battered Woman ◽  
Central Issue ◽  
Appellate Court ◽  
Court Decisions ◽  
Battered Woman Syndrome

This paper examines the issue of the battered woman syndrome in homicide cases where the woman killed her abuser. In particular, state appellate court decisions where the admissibility of the battered woman syndrome was a central issue are analyzed to determine the extent to which courts have been admitting or excluding expert testimony in these cases. Our findings suggest that although courts today are more willing to accept expert testimony on the battered woman syndrome, there is a lack of uniformity among the courts regarding the criteria utilized to determine admissibility.

Undermining Reasonableness: Expert Testimony in a Case Involving a Battered Woman who Kills

2003 ◽  
Vol 27 (1) ◽  
pp. 37-45 ◽  
Author(s):  
Cheryl Terrance ◽  
Kimberly Matheson
Keyword(s):  
Battered Women ◽  
Expert Testimony ◽  
Battered Woman ◽  
Support Network ◽  
Post Traumatic Stress ◽  
Battered Woman Syndrome ◽  
Expert Control ◽  
Self Defense ◽  
Jury Verdicts ◽  
Post Traumatic

Student participants ( N = 316) viewed a videotaped simulated case involving a woman who had entered a self-defense plea in the shooting death of her abusive husband. As successful claims of self-defense rest on the portrayal of a defendant who has responded reasonably to his/her situation, the implications of various forms of expert testimony in constructing this narrative were examined. Jurors were presented with either expert testimony regarding the battered woman syndrome (BWS), the BWS framed within post-traumatic stress disorder (PTSD) nomenclature, or a no-expert control condition. As the BWS classification may support a stereotypical victim, the degree to which the defendant fit the stereotype in terms of her access to a social support network (family, friends, employment outside of the home) was varied within the expert testimony conditions to reflect either a high or low degree of stereotype fit. Although jury verdicts failed to differ across expert testimony and stereotype fit conditions, perceptions of her credibility and mental stability did. Although affording jurors a framework from which the defendant's experiences as a battered woman may be acknowledged, this portrayal, as advanced within PTSD nomenclature, endorsed a pathological characterization of the defendant. Implications of this discourse for battered women within the context of self-defense are discussed.

Battered Woman Syndrome Defense in Canadian Courts

1995 ◽  
Vol 40 (3) ◽  
pp. 130-135 ◽  
Author(s):  
Cheryl Regehr ◽  
Graham Glancy
Keyword(s):  
Psychological Distress ◽  
Supreme Court ◽  
Expert Testimony ◽  
Battered Woman ◽  
Supreme Court Of Canada ◽  
Battered Woman Syndrome ◽  
Aggravated Assault ◽  
Self Defense ◽  
History Of

As a result of a 1990 Supreme Court of Canada decision, battered woman syndrome defense is now accepted as a legitimate extension of self-defense in Canadian courts. This defense hinges on the expert testimony that a battered woman who is accused of murder or aggravated assault suffers from the psychological sequelae of abuse and that this psychological distress contributes to her apprehension of danger and ultimately her apprehension of death during a particular battering episode. The authors present a brief overview of the history of battered woman syndrome defense, the role of the expert in assessing the applicability of this defense in any particular situation, and the pitfalls of using battered woman syndrome defense.

An exploration of Thai public perceptions of defenses in cases of women who kill their domestically violent spouses

2016 ◽  
Vol 50 (4) ◽  
pp. 602-622 ◽  
Author(s):  
Robert Tack Kwei Ho ◽  
Natalie Chantagul
Keyword(s):  
Battered Women ◽  
Expert Testimony ◽  
Public Perceptions ◽  
Battered Woman ◽  
Cluster Sampling ◽  
Direct Influence ◽  
Battered Woman Syndrome ◽  
Self Defense ◽  
Domestically Violent ◽  
Spousal Homicide

The present study investigated the issue of domestic violence in Thailand and in particular the reactions of the Thai populace (male versus female) to a battered woman who killed her abusive spouse, as well as how such reactions could be influenced by the presentation of expert testimony related to the battered woman syndrome. Cluster sampling conducted within the Bangkok metropolitan area in Thailand yielded a sample of 1190 participants who voluntarily filled in the study’s questionnaire. Multi-group path analysis showed no significant gender difference in the direct influence of battered woman syndrome information on the verdict/judgment rendered and suggests that the provision of such information in spousal homicide trials within the Thai context may not be efficacious in influencing the participants’ verdict judgments. Results however did indicate an indirect effect of the battered woman syndrome information on the verdict/judgment rendered being mediated by the defense strategy of self-defense. This finding indicated that the battered woman syndrome information presented aided the participants in contextualizing the defendant’s killing in a frame of self-defense, rather than inappropriately applying a form of “reasonableness” in their verdict/judgment. These findings are discussed in relation to their implications for the presentation of battered woman syndrome information in trials of Thai battered women who killed their abusive spouses.

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