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.     

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.     

The self-defense defense and community sentiment

It has been asserted (e.g., Gillespie, 1989) that the self-defense defense, with its objectivereasonable man standard, is unfairly biased against certain female defendants who kill a male and plead not guilty by reason of self-defense (NGRSD), and that jurors, who represent community sentiment, share that bias. Using three cases where a woman kills and pleads self-defense (a battered woman case, aGoetz-like subway case, and an alleged rape case), whereseriousness of the harm, equal or unequal force, retreat/escape possibility, imminence, and thepresence and type of expert testimony were varied, 269 mock jurors (students and adults) rendered verdicts and ratings. Broad but variable support for the NGRSD was found (e.g., 63%, 27%, and 23% NGRSD verdicts in the battered woman, subway, and rape cases, respectively), along with evidence that subjects use a wider context and, at times, a subjective perspective to decide culpability. Implications for a self-defense defense are suggested.     

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.     

Resignifications and subversive transformations: Judith Butler’s queer theory and women who kill

This article provides an empirical study of a number of cases dealing with women who kill their abusive partners and the construction of the battered woman syndrome in order to identity the possibilities for transformation within the legal system. Drawing upon the work of Judith Butler, the article will argue that the unstable nature of social terms and the nature of social power provides the potential for resignifying and subversively transforming the gender identities constructed and perpetuated by the law. In addition to outlining the defences for murder and engaging in a close examination of the cases, the article will also provide a critical analysis of Judith Butler’s approach to subject formation. Dr Anna Carline LLB (Hons), LLM, PhD. Law Lecturer, Liverpool John Moores University.     

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.     

Battered women who kill their abusers: an examination of commonsense notions, cognitions, and judgments

It has been argued that battered women who kill their abusers represent a special class of defendants being unfairly treated in the legal system. As a result, commentators have argued for reforms to permit the judicial system to respond more fairly. Researchers have investigated the influences of these prescribed legal modifications and the possible influence of various demographic and psychological factors on legal reforms. However, social scientists have not yet asked some fundamental, psychological questions. Is the law consistent with what society believes is right and just? Is there a commonsense notion of justice in these cases? What factors constitute cognitive decision rules and influence judgments in cases of battered women who kill their abusers? This study uses a basic, psychological method to identify psychological factors that are important in judgments regarding battered women who kill and to better understand commonsense notions of justice in these cases.     

Battered women who kill

This study assesses acquital rates using mock jurors in cases involving a battered woman charged with killing her husband. The simulated trial format was based on actual courtroom proceedings including witness cross-examination and jury deliberation proceedings. The type of plea entered was varied and reflected either self-defense, automatism, or a hypothetical plea of psychological self-defense. The severity of abuse incurred by the defendant was also varied along with expert testimony. Jurors more frequently found the defendant not guilty when a plea of automatism was entered compared to a plea of self-defense. The frequency of acquittals following a plea of psychological self-defense resulted in more acquittals than the self-defense plea but significantly fewer than the automatism plea. The likelihood of acquittal increased under conditions of severe abuse as opposed to moderate abuse. Expert witness testimony was observed to influence verdicts during juror deliberations.     

Domestic violence: a medicolegal review

This paper reviews the recent medical and legal literature in the field of spouse abuse. Domestic violence is a national phenomenon that directly affects victims of spouse abuse and indirectly conditions the children of the victims to accept violent behavior as normative. This paper characterizes the cycle of violence battered women encounter, describes their injury patterns, explores the dynamics of the abusive relationship, and discusses the factors that compel women to remain in such violent relationships. The second section describes many of the recent legislation designed to prevent spouse abuse. Next, this paper addresses the case law utilizing the "battered woman syndrome" as a defense for spousal homicide. The third section of the paper explores the often neglected topic of the battered husband.     

Self-Defense,Retaliation, and Gender: Clarifying Motivations for Physical Partner Violence

The motivations behind intimate partner violence (IPV) have been a controversial topic. It has been suggested that women’s use of IPV mainly occurs in the context of self-defense (Saunders 1986). However, men also report perpetrating IPV in self-defense (Harned 2001; Makepeace 1986). This article differentiates self-defense from retaliation and reviews findings regarding these motives for perpetrators of IPV. Self-defense motives are common among battered women; however, undergraduates and arrested perpetrators often report other motives. Women do not consistently report using violence in self-defense more than men do. Clinical and research implications are discussed and existing self-defense measures are critiqued.     

Battered woman syndrome testimony in Canada: its development and lingering issues

This article examines the status of battered woman syndrome (BWS) testimony in Canadian courts and assesses the impact of the leading decision, Regina (R.) v. Lavallee. Acknowledging the test of reasonableness in criminal trials was constructed on a male model, the Supreme Court in Lavallee corrected the gendered interpretation of women in abusive relationships by admitting the BWS evidence. Feminist legal scholars questioned whether Lavallee had succeeded in dispelling the stereotypes around battered women. These concerns were partially addressed in R. v. Malott, but some tough issues remain: applying the reasonableness test to women of color and the narrow base of BWS evidence. Some directions are discussed: discarding BWS testimony, framing a redefined and expanded BWS testimony, introducing a new defense based on self-preservation, and adopting an alternative interpretative frame such as "coercive control." The strengthening of BWS testimony would call for the judges' referencing of latest empirical research on battered women.     

Trials of battered women who kill: the impact of alternative forms of expert evidence

The introduction of battered woman syndrome testimony in trials of battered women who have killed has stirred considerable debate within the psycholegal community. Much of the controversy stems from the testimony's focus on the woman's passivity, as well as its partrayal of a single profile of battered women. In light of these concerns, proposals to alter the content of the testimony (e.g., dropping the syndrome terminology, focus on battered women's social reality as opposed to their psychological state and reactions) have surfaced. In the present research both the woman's prior response history (passive, active) and the presence of expert testimony (battered woman syndrome, social agency, no expert control) were manipulated in a homicide trial involving a battered woman who had killed her abuser. Overall, participants, drawn from both a university (N=195) and a nonuniversity setting (N=202), rendered more lenient verdicts and provided more favorable evaluations of the defendant's claim of self defense in the presence of expert testimony (either form) compared to a no expert control. Further, these effects were more pronounced for the student than the nonstudent sample. Implications of these findings for the use of expert evidence pertaining to battered women are discussed.     

Battered woman and public opinion: Some realities about the myths

Expert testimony regarding the battered woman syndrome is often presented at trial on behalf of women charged with killing their batterers. Where courts have admitted such testimony into evidence, they have done so on the theory that the testimony is needed to dispel common myths regarding battered women—e.g., erroneous beliefs that battered women are masochists, who are somehow responsible for the battering they suffer and could avoid being battered by simply leaving their batterers. To date, however, there is no published empirical evidence that either jurors or members of the public at large hold such erroneous beliefs. The results of this study provide empirical support for the judicial hypothesis. These results suggest that many members of the general public eligible for jury duty do, in fact, hold erroneous, stereotyped beliefs about battered women.     

Emergence of the battered woman syndrome: The impact upon the legal system

The purpose of this review article is to analyze the emergence of the battered woman syndrome and how it currently impacts the legal system. The battered woman syndrome is compared with other syndromes used in the courts and then unresolved issues surrounding the usage of the battered woman syndrome are discussed.     

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.     

Jurors' knowledge of battered women

An increasing number of psychologists with expertise in the area of battered women are participating in the legal system as expert witnesses and occasionally testify on behalf of a battered woman who has injured or killed her partner. Testimony about the battered woman syndrome has been offered to help the jury understand why the defendant reasonably perceived that she was in danger of harm. One of the requirements of expert testimony is that it be beyond the common understanding of the jury. Many commentators assume that jurors are uninformed or misinformed about battered women and, thus, that expert testimony is necessary to educate them. This study evaluated what jurors know about violent relationships. Approximately 300 jurors read scenarios about spousal violence and answered a questionnaire dealing with circumstances surrounding such abuse. Results suggest that on certain dimensions of spousal violence, jurors are aware of empirical research findings. On other dimensions, jurors are less well-informed and could potentially benefit from the testimony of an expert.     

An Ecological Study of Nonresidential Services for Battered Women Within a Comprehensive Community Protocol for Domestic Violence

This paper is an ecological study of services provided to 392 battered women under a comprehensive domestic violence protocol. It focuses on microsystemic interactions between battered women and battered women's services and legal systems. We examine the relationships between women's receipt of services from a battered women's agency, receipt of protective orders, and completion of prosecution of batterers. We also explore the associations between women's receipt of services and protective orders and their partners' subsequent arrests and police contacts. We use open-ended interviews with battered women and with staff of the battered women's agency to expand and illustrate the quantitative data. The analysis shows that when a woman received battered women's services or had a protective order, a completed court case was more likely and numbers of arrests rose. We found that these associations were strongest when women received both battered women's services and at least one protective order.     

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).     

Women who kill in drug market situations

Recent studies of women and homicide have shown that lethal violence by women is a more complex phenomenon than merely self-defense against abusive partners. In this paper we examine cases of homicide by women who killed in drug market situations to explore the ways in which changing drug markets may have influenced women's involvement in lethal violence. From open-ended and semistructured interviews with 215 women sentenced to prison in New York State for homicide, we identified 19 women whose cases involved a drug market situation. Through qualitative analysis of the narratives offered by these women to explain their involvement in the killing, we found evidence that women will use violence, as will men, to protect or augment an economic interest in a drug market. From further analysis, however, we concluded that even in a clearly economic context in which women are able to acquire their own economic interest, some women will kill or participate in a killing in connection with their relationship with a male business or intimate partner. That is, women who kill in the economic context of a drug market may kill for economic reasons, but the specific circumstances of involvement in a drug market do not necessarily negate the significance of gender.     

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.