This paper will focus on explaining why trying to categorize "Battered Woman Syndrome Cases" under one defense is not only simplistic, but naive and unjustified. The defenses available to battered women who kill should be specific to the circumstances of the case, as violence which occurs in an intimate and private sphere cannot be adequately understood unless it is analyzed in its specific context.
There is a clear difference between women who kill their abusers as a result of their psychological state, and those who do so by exercising their lawful right to self-defense. For this reason, it will concentrate on the distinctions between battered women who suffer from BWS and kill their abusers in non-confrontational situations, and battered women who do not suffer from BWS and kill in confrontational situations.
Table of Contents
1. INTRODUCTION
2. THE CURRENT LEGAL FRAMEWORK
Voluntary Manslaughter by Reason of Diminished Responsibility
Self-Defence
3. NON-CONFRONTATIONAL CIRCUMSTANCES
Battered Woman Syndrome
BWS As A Medical Condition
Non-Confrontational Killings and Diminished Responsibility
4. CONFRONTATIONAL CIRCUMSTANCES
The Traditional Doctrine of Self-Defence
The Subjective Standard of Necessity
The Objective Standard of Reasonableness
5. JUSTIFICATICATORY vs EXCUSATORY DEFENCES
Justificatory Defences
Excusatory Defences
6. CONCLUSION
Research Objectives and Themes
This dissertation aims to evaluate the criminal law defences available to battered women who kill their abusers, advocating for a nuanced legal approach that differentiates between confrontational and non-confrontational contexts. It argues that a monolithic application of legal principles is inadequate, given the unique psychological impacts of domestic abuse and the distinct circumstances under which these killings occur.
- Analysis of Battered Woman Syndrome (BWS) and its role in diminished responsibility claims.
- Investigation of self-defence applications in confrontational killing scenarios.
- Critique of gender bias within the traditional "reasonable person" and "necessity" standards of self-defence.
- Examination of the theoretical divide between justificatory and excusatory defences in English law.
Excerpt from the Book
Battered Woman Syndrome
Dr. Lenore Walker defined BWS as a condition suffered by ‘a woman who has been physically, sexually, or seriously psychologically abused by a man in an intimate relationship, without his regard for her rights, in order to coerce her into doing what he wants her to do at least two times, often in a specific cycle’.64 Continuous cycles of abuse affect a woman’s mental state in various ways.
The main outcome is the development of learned helplessness: a psychological process which limits a woman’s reaction to certain situations.65 Learned helplessness works as a numbing mechanism, which affects the parts of the brain a battered woman uses to think, how they feel, and the way they behave.66 By limiting the brain’s responses to situations, battered women find themselves being unable to predict the effect their behaviour would have. This development subsequently makes battered women likely to simply use the most predictable method of protecting herself if she perceives danger.67 For the battered woman, it carries little weight that the method she uses might lead to the end of the batterer’s life, her primary objective is to protect herself as efficiently as possible. Women who have endured years of repeated beatings tend to suffer from low self-esteem,68 and in the absence of this self-worth they find themselves resigning to the unavoidable nature of the abuse.69 The state of learned helplessness thus acts as a psychological paralysis for battered women. As the beatings continue, each time more brutal, the woman’s focus shifts from trying to understand her batterer, to surviving.70
Summary of Chapters
CHAPTER 1 INTRODUCTION: Outlines the scope of domestic abuse in England and Wales and the legal challenges in cases involving battered women who kill their abusers.
CHAPTER 2 THE CURRENT LEGAL FRAMEWORK: Examines the existing law of voluntary manslaughter and self-defence, arguing for an individualistic, case-specific legal analysis.
CHAPTER 3 NON-CONFRONTATIONAL CIRCUMSTANCES: Explores BWS and the application of diminished responsibility for killings occurring when the abuser is not an immediate threat.
CHAPTER 4 CONFRONTATIONAL CIRCUMSTANCES: Analyzes the history and gender bias of self-defence, advocating for a broader interpretation of necessity and reasonableness for battered women.
CHAPTER 5 JUSTIFICATICATORY vs EXCUSATORY DEFENCES: Compares theoretical models of defence to justify separating legal outcomes for confrontational versus non-confrontational killings.
CHAPTER 6 CONCLUSION: Synthesizes the findings, reiterating the necessity of distinguishing between legal defences to achieve justice for all victims of domestic abuse.
Keywords
Battered Woman Syndrome, BWS, Diminished Responsibility, Self-Defence, Domestic Abuse, Criminal Law, Voluntary Manslaughter, Justificatory Defences, Excusatory Defences, Learned Helplessness, Gender Bias, Reasonable Person Test, Psychological Trauma, UK Law, Femicide
Frequently Asked Questions
What is the core focus of this research?
The work examines the legal defences available to battered women who kill their abusers, focusing specifically on how current law should distinguish between confrontational and non-confrontational killing scenarios.
What central themes are explored?
Key themes include the psychological effects of domestic violence (BWS), the gender bias inherent in traditional self-defence doctrines, and the theoretical distinction between justifications and excuses in criminal law.
What is the primary objective of this dissertation?
The aim is to demonstrate why applying a single legal principle to all domestic abuse cases is inappropriate and to advocate for a more nuanced approach that matches the specific context of the killing to the appropriate defence.
Which scientific methods are employed?
The research utilizes a doctrinal and interdisciplinary methodology, analyzing existing case law alongside socio-political and psychological literature to construct a refined view of legal principles.
What is covered in the main body?
The body analyzes BWS and diminished responsibility for non-confrontational cases, investigates self-defence for confrontational cases, and provides a comparative theoretical analysis of justification versus excuse.
Which keywords best describe this study?
The study is characterized by terms such as Battered Woman Syndrome, self-defence, diminished responsibility, learned helplessness, domestic abuse, and legal gender bias.
How does BWS affect the legal defence strategy for battered women?
BWS acts as a medical basis to establish "diminished responsibility," explaining how prolonged abuse fragments a woman's mental state, thereby potentially reducing a murder charge to voluntary manslaughter.
Why is the "reasonable person test" criticized in this paper?
The paper argues that the test is grounded in male experiences, effectively disregarding the reality of power imbalances, trauma, and the survival strategies required by women living in abusive environments.
- Citation du texte
- Sara Vincenzotti (Auteur), 2019, The Criminal Law Defences Available to Battered Women Who Kill Their Abusers. A Psycho-legal Analysis, Munich, GRIN Verlag, https://www.grin.com/document/903668
