Battered Women as Court Defense Essay Example for Free

Battered Women as Court Defense Essay One of the theoretical frameworks present, which is explains the rationale for battered women killings as a supplement to a self-defense court appeal is the condition of battered woman syndrome (Ogle and Jacobs, 2002 p. 51). Battered women who kill are often limited to pleading incapacity or provocation because the circumstances of the homicide do not fit into the narrow confines of self-defense law. Even when permitted to go forward with a self-defense claim, many women do not succeed. However, using the battered woman syndrome as a defense has troublesome implications. In practice, the battered woman syndrome defense echoes the old incapacity defense – she was acting out of learned helplessness rather than necessity – and fails to adequately consider the terrible experiences and choices these women face (Forrell and Matthews, 2001 p. 203). The cycle of battering theory posits that battering involves an identifiable pattern, which possess three phases as according to Walker (1979) (Ogle and Jacobs, 2002 p.51-52): (1). Tension building, in which the batterer seeks to create tension through intimidation, degradation, and threats in order to build a case for his next episode of violence and during this time, the victim is attempting to forestall the next battering incident; (2) acute battering incident, in which the batterer becomes violently abusive toward the victim in order to make his point, regain complete control of both the relationship and the victim, and prevent the victim from tying to leave; lastly, (3) contrition, in which the batterer, early in the relationship, makes gestures of apology, promises desistance, asks for forgiveness, and seeks reconciliation in order to keep the victim from fleeing (Ogle and Jacobs, 2002 p. 52). The proportionality, imminence requirements and the mare standards by which they are measured virtually preclude traditional self-defense for most battered women who kill their violent partners. For example, a 1995 U. S Department of Justice study, Spouse Murder Defendants, determined that 44% of women accused of murdering their husbands had been threatened with a weapon or physically assaulted at or around the time of the murder; of these, 56% were convicted. Not surprisingly, in states that relax the imminence and equal-force requirements when battered women kill and admit evidence on domestic violence and its consequences, more women are found to have killed n self-defense (Forrell and Matthews, 2001 p. 203). Battered Woman Syndrome does not explain how a woman suffering from learned helplessness (resigned to dying, hopeless, sure that nothing she does will have any influence on the outcome) suddenly becomes proactive and defends herself lethally. Learned helplessness creates a psychological and behavioral stereotype of the battering victim that can then be turned around and used against her in court if she does not exactly fit the typology of a battered woman suffering from this psychological problem. When such condition occurred, the battered woman is often not permitted to present certain testimony on the battering since she is believed not to be battered woman. In other words, if psychologists, through interviews and testing, cannot make a diagnosis of learned helplessness, then the woman does not fit the typology of a battered woman and cannot use that as a supplement to self-defense (Ogle and Jacobs, 2002 p. 52-53). Battered woman syndrome has been used for purposes beyond supporting the claim of self-defense. Such syndrome testimony has been admitted as relevant evidence into a broad range of criminal cases, such as fraud, drug running, child homicide and homicide of an adult other than the batterer. As part of the defense in these criminal cases, battered woman syndrome testimony has been offered to accomplish one of these three things: (a) to bolster the woman’s claim that she engaged in a criminal act under the duress/coercion of her abusive partner; (b) to support the notion of mitigation for the woman at the time she pleads guilty; or (c) to bolster a claim of diminished capacity in the sentencing phase of case (Freedheim et. al. , 2003 p. 485). Today, despite the concerns of a number of legal scholars, most jurisdictions permit testimony in criminal court about battered woman syndrome and a number actually guarantee its legitimacy through legislation. Twelve states provide for battered woman syndrome testimony by statutory law. In 1992, President George Bush signed the Battered Women’s Testimony Act, which specifically authorized a study of this type of testimony and required training materials to be developed to assist the courts. Moreover, this act also strongly encouraged state officials to accept battered woman syndrome testimony based on recognition that many women are victims of physical violence (Freedheim et. al. , 2003 p. 485). The conditions of battered women are still at risk knowing the fact that self-defense is still not considered as ground consideration of homicide; instead, the individual needs to be diagnosed with psychological defect before granting any possible excuse from the crime committed. The Case of Court Defenses. Probably, the most famous case of postpartum psychosis is that of Andrea Yates, a Texas woman who, in 2001, downed her five children – including a six-month old – in a bathtub (Cassidy, 2006 p. 242). Ms. Yates chased the last victim, her 7-year-old boy, as he tried to run away; however, she caught him and submerged him in the tub as she had done with the others. After wrapping the five bodies in sheets and placing them on the bed, she called the Houston Police and, upon their arrival, confessed (Dorne, 2002 p. 122). Prosecutors called for the death penalty, arguing that as long as she could distinguish between right and wrong, having postpartum psychosis is no excuse for murder. Since Yates testified that she knew it was a crime to kill her children, a jury convicted her of capital murder in 2002, triggering debate about whether the standard for mental illness was too rigid and whether the courts understood the nature of postpartum mental illness. However, an appeals court overturned that conviction die to erroneous testimony, and after a new trial in 2006, a jury found her not guilty by reason of insanity. Rather than sending her to prison for life, the judge committed her to be locked mental hospital until she deemed no longer a threat (Cassidy, 2006 p. 242). In response to the second verdict, legal experts said that, in the four years since the Yates case had been in court, the American public had become more understanding – even forgiving – of postpartum depression (Cassidy, 2006 p. 242-243). In Indiana, the case of Judy Kirby attracted national attention to the post-partum defense. Ms. Kirby, a 31-year-old mother of 10 had recently given birth. With four of her children in her car, she drove down a one-way highway the wrong way. Driving against traffic, she passed 16 â€Å"Do Not Enter† signs. Her vehicle eventually hit a minivan head on, killing the driver and his two teenage children. The four Kirby children, ages 5 to 12, were also killed; however, Ms. Kirby survived the crash. A distress note written by Ms. Kirby was found in her vehicle indicating that she was having problems coping and was experiencing relationship problems with her ex-boyfriend, who was also the father of two of her children. She was charged with seven counts of homicide, aggravated battery, and child neglect causing bodily injury, and was sentenced in 2001 to 215 years in prison (Dorne, 2002 p. 122). Another case that depicts the situation of battered women in the sense of self-defense includes the confrontation case of Commonwealth v. Stonehouse (Pa. 1989). Carol Stonehouse killed William Welsh after a series of events that the appellate court characterized as bizarre but believable because they were corroborated by disinterested witnesses. Stonehouse reported many instances of abuse, battery, assaults and threats to the authorities, but with no response issued. With all the efforts provided by Stonehouse; however, she was still charged with criminal homicide, convicted of third degree homicide, and sentenced to seven to fourteen years imprisonment (Ogle and Jacobs, 2002 p. 97). Conclusion The law provides absolute rule in terms of homicide and criminal offenses, although, certain conditions are granted with exemptions. Postpartum depression is one of the psychological defects that can be used ion order to excuse one’s self from committed murder granted the fact of evidence and reliable basis, such as with Yates. On the other hand, the case of Stonehouse’s battered experience was not excused despite of cruel and brutal experience that led her in killing for sake of self-defense. References Cassidy, T. (2006). Birth: The Surprising History of How We Are Born. Open City Books. Dorne, C. K. (2002). An Introduction to Child Maltreatment in the United States: History, Public Policy and Research. Criminal Justice Press. Forrell, C. A. , Matthews, D. M. (2001). A Law of Her Own: The Reasonable Woman as a Measure of Man. NYU Press. Freedheim etal, C. K. (2003). Handbook of Psychology. John Wiley and Sons. Ogle, R. S. , Jacobs, S. (2002). Self-Defense and Battered Women Who Kill: A New Framework. Greenwood Publishing Group. Schwartz, L. , Isser, N. (2007). Child Homicide: Parents Who Kill. CRC Press. Spinelli, M. G. (2003). Infanticide: Psychosocial and Legal Perspectives on Mothers Who Kill. American Psychiatric Pub, Inc.