The misbegotten marriage of soft psychology and bad law

The proposal to justify homicide by psychological self-defense rests on an insecure scientific foundation and would be legally mischievous. The core concepts are unacceptably vague and lack rigorous empirical support. The proposed defense is better characterized as an excuse than as a justification because rational victims of purely psychological abuse do have socially preferrable alternatives to homicide, and the proposal is inconsistent with modern criminal law that limits justifications for homicide. The defense would create substantial administrative problems and would facilitate adoption or expansion of related undesirable doctrines. The best response to abhorrent physical and psychological abuse is not unnecessary further violence, but the creation of adequate deterrents and alternative solutions for victims.