Friday, May 15, 2020
Battered Womenââ¬â¢s Syndrome Plea and a Defendants Financial...
When battered womanââ¬â¢s syndrome has been used as a plea of self-defense, especially in cases of homicide, it has highly been scrutinized. According to recent research, characteristics associated with the syndrome form a standard that jurors use to judge battered women. This study would evaluate how characteristics of a defendant would affect a jurorââ¬â¢s legal decision-making, in a case of a woman pleading not guilty under terms of self-defense, who were suffering from battered womanââ¬â¢s syndrome. To discuss the role of the battered womenââ¬â¢s syndrome in relation to how characteristics of a victim affect legal decision-making it is important to define what battered womenââ¬â¢s syndrome is. Battered womenââ¬â¢s syndrome is the array of physical andâ⬠¦show more contentâ⬠¦Because the violence that battered woman face is continual and the woman are not on equal physical grounds, they usually ââ¬Å"strikeâ⬠back, and this is usually reflected in the circumstances surrounding the killing like using a weapon (Schuller Vidmar, 1992). Furthermore, because of the unequal fighting grounds, woman usually do not attack during a direct confrontation (i.e. during a beating), but rather at some point outside of a confrontation, usually due to perceiving that there is no escape from her situation other than attacking back (Schuller Vidmar, 1992). Because woman strike back at their abusers; battered womanââ¬â¢s syndrome has been used in courts as a plea when their actions were believed to be in self-defense (Hodell et. al, 2011). And when a battered woman kills her abuser, they must convince a jury of the rationality of her lethal actions to successfully advance a plea of self-defense (Schuller et al., 2004). When jurors believe that under the given circumstances a defendantââ¬â¢s behavior was justified under the law a jury can find a defendant not guilty by reason of self-defense (Hodell et al., 2011). Recent research in caseââ¬â¢s of self-defense suggest that when using the battered womenââ¬â¢s syndrome certain characteristics of the defendant could interfere with the accused sentencing (Russell, Ragatz, Kraus, 2012). The problem is that when defendantââ¬â¢s claim to be battered they may be at a disadvantage in the courtroom when their characteristics, experiences
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