Abstract
ABSTRACT With the acceptance of expert witness testimony on the battered woman syndrome in the late 1970s, courts recognized that inherent in such physical violations are psychological deprivations as well. These detriments, which have become of great interest to the psychological community in learning about and making accurate diagnoses, can be used as evidence in cases where a battered woman kills her husband and claims self-defense. This article examines the utility of employing the battered woman syndrome and assesses how diagnostic language can affect the admissibility of expert evidence in battering cases. It provides an analysis of the battered woman syndrome and other disorders with symptoms characteristic of the reactions battered women experience. I conclude that diagnostic constructs should not be used in battering cases within the self-defense context because they create unnecessary stereotypes in which all women may not fit and often exclude relevant testimony that could help assist the fact finder in determining the ultimate issues. Rather, it is the case-specific and idiosyncratic reactions, without a diagnostic label, that will allow the factfinder to understand the perceptions the defendant had at the time she killed her mate.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.