Distress resulting from perceivers' own intimate partner violence experiences predicts culpability attributions toward a battered woman on trial for killing her abuser: a path model

Intimate partner violence (IPV) constitutes the majority of assaults against women in the United States, and greater than one third of female homicide victims are murdered by an intimate partner. In a small percentage of cases, battered women kill their abusers, and evidence of battering and its effects may be used to support a plea of self-defense in these cases. Prior research has shown that culpability attributions toward battered women who have killed their abusers are influenced by perceiver variables, including gender. The present study expands on this research by examining the influence of psychological distress resulting from perceivers' own IPV experiences--and the mechanisms of this influence--on their culpability attributions toward a battered woman defendant. Female undergraduates in the present sample (N = 154) read a vignette, adapted from an actual criminal case about a battered woman who had killed her abuser. Data supported a hypothesized path model, wherein participants reporting greater psychological distress resulting from IPV perpetrated against them perceived themselves more similar to the defendant, in turn empathized with her to a greater extent, and, in turn, attributed less legal culpability to her. Implications for future research are discussed.     

A Feminist Critique of Self-Defense and Provocation in Battered Women's Cases in England and Wales

This paper critically examines the law of self-defense and provocation in cases where battered women kill their partners. It is argued that neither self-defense nor provocation adequately recognizes the situation most battered women find themselves in, and the present criteria for both defenses reflects this inadequacy. Legal advocates and supporters of battered women who kill have thus sought to find alternative strategies for battered women's defense cases. One of these has been the introduction of expert evidence on the battered woman syndrome. This paper will consider the implications of introducing the battered woman syndrome into the English legal system.     

Abused South Korean women: a comparison of those who do and those who do not resort to lethal violence

This study compares two groups of women in South Korea: one group incarcerated for the deaths of their male partners and the other staying in a shelter for battered women. The analysis serves to answer two questions: First, are the findings regarding women who kill their intimate partners in Western societies generally applicable to their counterparts in South Korea? Second, how are abused South Korean women who resort to lethal violence against their abusers different from those who do not? Regarding both abused and nonabused women incarcerated for criminal homicide against their partners, results indicate that they have less experience of psychological and physical abuse by their partners and that they are less educated, underemployed, and more supportive of traditional patriarchal norms than are the women who utilize domestic violence shelters. This research explores implications for intervention strategies to encourage abused women to seek help from legal and extralegal sources.     

Battered woman syndrome evidence in the courtroom

The use of battered woman syndrome evidence has been advocated in trials of battered women who assault or kill their abusers. The present article reviews existing legal and psychological literature addressing the use of this form of expert testimony. As the review will indicate, there are, at present, substantial gaps in our knowledge about its scientific status and its impact on legal proceedings. The goal of the article is to highlight some of the central concerns surrounding the use of bettered woman syndrome evidence and to encourage additional research on the subject.Thanks are extended to R. Lalonde for comments on earlier versions of this paper.     

Psychological self-defense

A small but increasingly visible number of battered women eventually kill their batterers. While most of these women plead self-defense, they are generally convicted of murder or manslaughter because their homicidal acts rarely fit the narrow legal definition of self-defense. This article (a) explains who battered women are and why they kill; (b) suggests that many, perhaps most, battered women who kill their batterers do so in psychological self-defense; and (c) argues that current self-defense law should be expanded to justify such killings.Adversary Forum is edited by Gary B. Melton.     

Toxic Torts, Public Interest Law, and Environmental Justice: Evidence from Louisiana*

Poor and minority communities facing environmental hazards have increasingly turned to legal strategies to seek redress but a divide has emerged in these cases and their outcomes. Some aggrieved communities turn to private injury lawyers, while others secure representation by public interest groups, such as Earthjustice, the Southern Environmental Law Center, or university law clinics. Is justice being equally served in these cases? We analyze the impact of toxic tort versus legal aid approaches in determining the outcome of environmental justice struggles using four landmark cases from Louisiana in the context of other factors that appeared important in determining how these cases resolved.     

Of battered wives,self-defense and double standards of justice: A research note

In what appears to be an outgrowth of the feminist movement and concomitant revelations concerning spousal abuse in America, a new concept in criminal jurisprudence, popularly known as the battered wife syndrome defense, has arisen. Increasingly, abused women who kill their husbands are claiming that their acts were justified, not solely because of the exigency of the circumstance which directly led to the death, but because of sociological, psychological, and legal factors which operate effectively to deprive them of alternatives. This note discusses the validity of the new defense in light of existing law and posits that the claim rests upon a contorted legal foundation, that it could not stand but for an invidious gender-based discrimination violative of Fourteenth-Amendment guarantees, and that it promotes family violence.     

Postpartum psychosis,infanticide and the law

In the past few years postpartum phychosis has been offered as a legal defense in a small number of deeply disturbing infanticide cases in several American jurisdictions. These cases have attracted a great deal of media attention, and fueled public discussion about the mental health of mothers who kill their own babies. From the perspective of the criminologist these cases present an extraordinary pattern of criminal behavior. Not merely a few isolated incidents, but a recurring pattern of the destruction of planned-for, wanted children by their own mothers with no apparent motive and under circumstances that suggest transitory postpartum phychoses. This article presents a detailed examination of specific cases aimed at exploration of the following issues: Are these women insane at the time of the act? Is their behavior the product of a diseased state of mind, or is it premeditated and willful? These issues lie at the core of the concept of criminal responsibility.     

Incarcerated Battered Women: A Comparison of Battered Women Who Killed Their Abusers and Those Incarcerated for Other Offenses

The present study compared battered women incarcerated for killing/seriously assaulting their abusers with battered women incarcerated for other offenses to explore possible similarities and differences in the characteristics and experiences of the two groups as well as to determine what factors may lead some battered women to use lethal force against their partners. Comparisons were made on a number of variables including sociodemographic factors, characteristics of the battering relationship, alcohol/drug use of battered women and their abusers, perceived social support, actions taken to end the violence, prior criminal behaviors, and childhood trauma factors. Findings revealed that women in the homicide/assault group were older, in the relationship longer and experienced a longer duration of violence in this relationship. They also experienced more frequent and severe battering, including sex assaults and sustained more injuries than those in the comparison group. Further, battered women who killed/seriously assaulted their partners were more likely to believe that their lives were in danger, were less likely to use violence against their partners, and were less likely to have a prior criminal record or to have served time previously. The implications of the findings are discussed.     

Replacing Provocation in England and Wales: Examining the Partial Defence of Loss of Control

In October 2010, provocation was abolished as a partial defence to murder in England and Wales. Through the introduction of the Coroners and Justice Act 2009, a new partial defence of loss of control was implemented. This sought to overcome problems associated with the provocaton defence and the gendered operation of the law of homicide, particularly in relation to male‐perpetrated intimate homicides, and the inadequate response of the law to the contexts in which battered women kill. This article first provides an account of these developments, and then examines legal stakeholders' perceptions of them. Drawing from in‐depth interviews with criminal justice professionals, it considers their perceptions of the operation of the law of homicide during a period of transition, specifically considering the formulation of the new partial defence, the initial effects of its implementation, and the significant differences between the Law Commission's recommendations and the reforms implemented by the government.     

Battered wives,lawyers, and district attorneys: An examination of law in action

The legal services received by 146 Milwaukee women who had been beaten by their husbands, but had been free of the violence for at least a year, are described and evaluated. Of these women 106 recieved legal help in connection with at least one battering incident. Some women saw more than one member of the legal profession, so the total number of legal contacts among the 106 women was 255. There is evidence that lawyers and district attorneys were most likely to be used by those battered women for whom the use of personal strategies and informal help sources (such as family and friends) were ineffective in combatting the violence. Contrary to the negative image of lawyers and district attorneys found in the literature on wife beating, most legal service contracts were rated as very or fairly successful by the battered women. The more difficult and severe the situation, the higher the success ratings given to lawyers and district attorneys by their clients. Despite the generally positive reactions that most beaten women had to lawyers and district attorneys, there were many negative incidents reported, including district attorneys who refused service or discouraged battered women from filing charges, and lawyers who sided with the aggressors or attempted to meet their personal and professional needs at the expense of their clients. These incidents remind us that it would be useful to educate legal professionals about the nature of family violence, the situation and needs of battered women, and the legal and ethical responsibilities that lawyers and district attorneys have when they are contacted by battered women.     

Domestic Violence Abusers: A Descriptive Study of the Characteristics of Defenders in Protection from Abuse Orders in Sedgwick County,Kansas

Protection from abuse orders have been presented in the contemporary literature as one of many tools in protecting battered women. While protection from abuse orders provide legal protection from abuse, many abusers violate these court orders. The current study describes the characteristics of 1,873 alleged domestic violence abusers in Sedgwick County, Kansas. Data were collected from protection from abuse filings over a 12-month time frame. The data were used to examine the demographics of offenders as well as to assess the prior arrests of the offenders. Results showed that abusers were typically white males, average age of 33 with extensive past criminal arrest histories.     

Women murderers and victims of abuse in a southern state

We consider the hypothesis that abused women who kill their abusers are not socially different from other abused women. Comparing two groups of women from a Deep South state, one group incarcerated for killing their partners (n=21) and the other served by a shelter for battered women (n=273), we find mixed support for the conclusion that the two groups represent a homogeneous general population of abused women. The women incarcerated for killing their male partners appear to be more isolated from the social mainstream and in greater perceived danger than the women who used the shelter. An earlier version of this paper was presented at the 1990 Southern Sociological Society Annual Meetings. Invaluable comments on earlier versions of the paper were received from Judith Stitzel, Shirley Dowdy, Ann Paterson, Sally Maggard, Janet Curry, Jon Conte, Mary Jo Ullom, and Lorrie Hardy.     

The impact of battered woman syndrome evidence on jury decision processes

The impact of battered woman syndrome testimony on jury decision processes in trials of battered women who kill their abusers was investigated in two separate studies. It was hypothesized that the presence of the testimony would influence jurors' verdicts via its mediating effect on the jurors' interpretations of the battered woman's beliefs and actions and that its impact would vary as a function of the degree to which it was linked to the woman on trial. In Experiment I, subjects read a homicide trial involving a battered woman who had killed her husband. They received either no expert testimony (control), expert testimony presenting general research findings on the battered woman syndrome (general expert), or expert testimony in which the expert supplemented the general information with an opinion that the defendant fit the syndrome (specific expert). The presence of the specific expert, compared to the control, led to interpretations that were more consistent with the woman's account of what occurred; these interpretations, in turn, were related to more lenient verdicts. Experiment 2 investigated the effects of the testimony on small groups of deliberating jurors. Compared to the control condition, a moderate shift in verdicts from murder to manslaughter was found in both expert conditions. Content analyses of the deliberations, as well as postdeliberation judgments, indicated that the presence of the testimony led to interpretations that were more favorable to the battered woman's claim of self-defense.Preparation of this research, was supported in part by Fellowships from the Social Sciences & Humanities Research Council of Canada and the Law and Social Science Program of Northwestern University. I. wish to thank Neil Vidmar and James Olson for their invaluable advice throughout all stages of the research, as well as Shari Diamond, Tom Tyler, Richard Lalonde, and Doug McCann for their helpful comments, on earlier drafts of the article. For their diligence and patience in coding the data, I would like to thank Cindi Chandler and Audi Grant.     

The Rise of Digital Justice: Courtroom Technology,Public Participation and Access to Justice

This article addresses a little discussed yet fundamentally important aspect of legal technological transformation: the rise of digital justice in the courtroom. Against the backdrop of the government's current programme of digital court modernisation in England and Wales, it examines the implications of advances in courtroom technology for fair and equitable public participation, and access to justice. The article contends that legal reforms have omitted any detailed consideration of the type and quality of citizen participation in newly digitised court processes which have fundamental implications for the legitimacy and substantive outcomes of court‐based processes; and for enhancing democratic procedure through improved access to justice. It is argued that although digital court tools and systems offer great promise for enhancing efficiency, participation and accessibility, they simultaneously have the potential to amplify the scope for injustice, and to attenuate central principles of the legal system, including somewhat paradoxically, access to justice.     

Access to justice: is legal services regulation blocking the path?

Abstract

High prices and lack of innovation have placed expert legal services beyond the reach of too many Americans and Canadians. Is legal services regulation exacerbating common law North America's access to justice problem? Does regulatory maintenance of a unified legal profession, and insulation of that profession from non-lawyer influence, make it more difficult for people here to meet their legal needs? This article argues that, although regulatory liberalization is not a magic bullet for the accessibility of justice, there is strong evidence of a link between regulation and access. North American lawyer regulators need to understand, and work to reduce, the effects of their policies on the accessibility of justice.     

Understanding the Costs of Litigation: The Case of the Hourly-Fee Lawyer

What does it mean to talk about the “cost of civil justice”? What can be done to bring down that cost? This article addresses these two important questions. Drawing on data collected by the Civil Litigation Research Project, the authors first examine the components of cost and then present an extensive analysis of what is by far the dominant element of the cost equation-legal services. The analysis of the cost of legal services examines the amount of time lawyers devote to cases and the rates they charge for their time. The major factors influencing time include adversariness, stakes, litigant goals, and court (federal versus state); hourly rates appear to be determined primarily by the legal services market. The article closes with a discussion of the implications of the results of the analysis for reforms of the civil justice system that might seek to lower the cost of justice.     

Domestic Violence, Character, And Social Change In The Welfare Reform Debate

This article addresses the recently discovered connection between domestic violence and welfare dependency." Empirical research among welfare populations shows that over 50% of women receiving welfare are or have recently been battered, and that partner abuse is a major reason for the continuing poverty of many women.
The question the author asks and begins to answer is why this connection has not previously been identified or publicized by either the battered women's movement or the anti‐poverty movement, and what the challenge may be to both movements as they attempt to address it in the context of welfare reform. The author argues that the connection has not been previously addressed because of the somewhat conflicting ideologies underlying both movements. The battered women's movement is defined in part by its strong moral denunciation of male abusers and assertion of the victimization of women by men. The anti‐poverty movement is reluctant to demonize half of the poor population, particularly in light of the conservative welfare reformers' emphasis on "character" as the main cause of poverty. The article argues that we must – and can – find a way to synthesize the feminist emphasis on interpersonal justice and morality with the anti‐poverty movement's recognition of the larger social causes of poverty. The perspectives of both movements must be enlarged to recognize the multiple layers of victimization which poor women and men endure; and both movements will be revitalized by this cross‐fertilization.     

Does Ambivalent Sexism Influence Verdicts for Heterosexual and Homosexual Defendants in a Self-Defense Case?

The current research examined the role of defendant and participant sex, presence or absence of expert testimony of the “battered person syndrome”, and sexual orientation of the defendant on perceptions of guilt in a self-defense case. The role of sexism in judgments of culpability was also examined. A sample of 442 participants read a self-defense case scenario and responded to questions pertaining to verdict, defendant culpability, legal element ratings, and sexist attitudes. Results revealed a four-way interaction, showing female participants prescribed the lowest guilt ratings to heterosexual female and homosexual male defendants who received expert testimony of the battered person syndrome. When heterosexual male defendants received expert testimony, ratings of guilt significantly increased. A multiple regression was conducted to determine whether legal and extra-legal factors predicted defendant culpability. Sexist attitudes (benevolent sexism towards men and women) and certain legal elements were predictive of defendant culpability. Limitations and implications are discussed. Study findings were presented in a poster at the annual meeting of the American Psychology-Law Society (APLS), Jacksonville, Florida (March, 2008).