Battered Women as Court Defense Essay Example for Free

buffet Women as Court Defense EssayOne of the abstr accomplishmentive frameworks present, which is explains the rationale for buffet women killings as a supplement to a self- excuse motor hotel appeal is the retainer of battered char woman syndrome (Ogle and Jacobs, 2002 p. 51). Battered women who kill be often limited to pleading incapacity or provocation because the circumstances of the homicide do non fit into the narrow confines of self-defence 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 governance (Forrell and Matthews, 2001 p. 203). The cycle of batter theory posits that battering involves an identifiabl e pattern, which possess three casts as according to pedestrian (1979) (Ogle and Jacobs, 2002 p.51-52) (1).Tension building, in which the batterer seeks to create tension by dint of intimidation, degradation, and threats in found to build a causal agency for his next episode of violence and during this time, the dupe 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 operate on 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 at sensationment 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 nearly preclude traditional self-defense for most battered women who kill their violent partners. For example, a 1995 U. S segment of Justice study, Spouse Murder Defendants, determined that 44% of women accused of murdering their husbands had been threatened with a weapon or bodilyly assaulted at or around the time of the murder of these, 56% were convicted.Not surprisingly, in pronounces that wind off the imminence and equal-force requirements when battered women kill and admit say on domestic violence and its consequences, more women are shew 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 o n the dot 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 sealed certification on the battering since she is believed not to be battered woman. In other(a) 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 sinful 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 womans claim that she eng aged 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 ratified 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 Womens 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 besides 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 close up 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 forrader granting any possible excuse from the offense committed. The Case of Court Defenses.Probably, the most famous case of postnatal 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 t estified 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 rational illness was too rigid and whether the courts understood the nature of postpartum mental illness. However, an appeals court overturned that prison term 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 ch ildren in her car, she drove down a unidirectional highway the wrong way. Driving against traffic, she passed 16 Do Not Enter signs. Her vehicle eventually pertain 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 bi zarre 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 14 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 ones self from committed murder granted the fact of evidence and true basis, such as with Yates.On the other hand, the case of Stonehouses battered experience was not pardon despite of cruel and brutal experience that led her in killing for sake of self-defense. References Cassidy, T. (2006). Birth The affect History of How We Are Born . Open City Books.Dorne, C. K. (2002). An Introduction to nestling Maltreatment in the United States History, unexclusive 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.