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Essay / Battered Women's Syndrome Advocacy and Defendants...
When Battered Women's Syndrome has been used as a self-defense plea, particularly in homicide cases, it has been highly scrutinized. According to recent research, the characteristics associated with the syndrome constitute a standard that juries use to judge battered women. This study would evaluate how a defendant's characteristics would affect a juror's legal decision-making, in the case of a woman pleading not guilty under the terms of self-defense, and suffering from battered woman syndrome. To discuss the role of battered women When it comes to how the characteristics of a victim affect legal decision-making, it is important to define what battered woman syndrome is. Battered women's syndrome refers to the range of physical and psychological injuries manifested by women who have been repeatedly beaten or mistreated by their partners or spouses (Dutton & Painter, 1993). Specifically, women feel helpless or lack control and do not leave their abusive partners. According to Russell, Ragatz, and Kraus (2012), Lenore Walker (1984) theorized that battered women experience a three-phase cycle of violence through learned helplessness: 1) tension that builds to violence, 2) acute violence and escalation of violence, and 3) remorse for the violence shown by the aggressor towards the victim. She argued that battered women believe the abuse they experience is their fault and, therefore, stay in the relationship. Learned helplessness can be applied to help explain why a woman would stay in an abusive relationship, or explain a woman's feeling of "psychological paralysis" (Schuller & Rzepa, 2002). This is due to the repetitive and unpredictable nature of the violence, women are reduced to a state of continuous fear, leaving...... middle of paper ......f battered person syndrome, gender of the accused and sexual relations. guidance in case of constraint: evaluation of a judicial decision. Journal of Family Violence, 27, 659-670 Russell, BL and Melillo, LS (2006). Attitudes towards battered women who kill: typicality of the accused and judgments of guilt. Criminal Justice and Behavior, 33, 219-241 Schuller, R.A., Wells, E., Rzepa, S., and Klippenstine, M.A. (2004). Rethinking the evidence for battered woman syndrome: The impact of alternative forms of expert testimony on mock jurors' decisions. Canadian Journal of Behavioral Sciences, 36, 127-136. Schuller, R.A. and Rzepa, S. (2002). Expert testimony regarding battered woman syndrome: Its impact on jurors' decisions. Law and Human Behavior, 26, 655-673. Schuller, R.A. and Vidmar, N. (1992). Evidence of battered woman syndrome in the courtroom. Law and human behavior, 16, 273-291.