Self-Defense and Legal Decision Making: The Role of Defendant and Victim Gender and Gender-Neutral Expert Testimony of the Battered Partner’s Syndrome

Abstract

This study investigated the influence of defendant characteristics, expert testimony, self-defense elements, and battered partner attributes on conviction in a homicide trial. An online sample of 442 U.S. mock jurors evaluated a self-defense scenario, provided a verdict, and answered questions pertaining to defendant culpability, legal elements, and battered partner attributes. Results showed that heterosexual female defendants were most likely to meet legal requirements of self-defense. Female participants were more likely to believe that heterosexual female defendants exhibited attributes associated with the battered partner’s syndrome (i.e., suffered from abuse and learned helplessness). Male participants were less likely to believe that homosexual male defendants suffered from attributes associated with the syndrome. There were no effects of expert testimony on the battered partner’s syndrome. Logistic regression analysis indicated that self-defense legal elements and belief that the defendant should have left the abusive relationship predicted greater likelihood of conviction. Limitations and implications for jury selection and attorney arguments are discussed.