This website uses cookies to ensure you have the best experience. Learn more

Battered Women Essay

3861 words - 15 pages

The Battered Woman Syndrome and Criminal LawThe Battered Woman Syndrome and Criminal Law The purpose of this research paper is to prove that criminal law in America has failed to provide a defense that adequately protects women suffering from Battered Women's Syndrome. Battered Women's Syndrome, or BWS, is a very complex psychological problem facing criminal courts today and has caused great debate on whether or not it should even be allowed in the courtroom. Although the syndrome has been given more consideration as a warranted issue by society, those who create our laws and control our courtrooms, have not developed a defense that sufficiently protects these women. United States courtrooms, instead of protecting battered women, have put these women on trial and found them guilty of murder. The research is divided into four parts to better illustrate each individual topic and to provide for a more clear understanding of the material. The first analysis describes Battered Women's Syndrome and gives background information on its origin. The second part of the research affords case examples of battered women's trials, the defenses used, and the resulting verdicts. The third segment produces data on newly developed defenses and how they would help women justify or excuse their actions. The final portion of the research presents some of the different views held by supporters and critics of BWS. The conclusion of the research is based only on the data that was collected and provides some personal explanations for the problems facing battered women today. Part I: THE BIRTH OF A SYNDROME The theories and explanations for battered women's behavior started in the late 1970's as a result of the oppression of women. Feminist movements in the late 1970's caused great social uproar among legal and political bodies of government in the United States. Many social problems that women faced started to surface and the public began to notice the increasing number of battered and abused women. This new issue led Del Martin to publish Battered Wives in 1976, the first piece written about battered women in the U.S. Although the research on battered women had just begun, many American courtrooms began dealing with these relatively new cases involving women as early as 1977. The famous case of State v. Wanrow (1977), resulted in the Washington State Supreme Court declaring the need for a more gender-based self-defense test. This case led to a greater approval of battered women's issues among the public and sparked renewed interest in psychological research (Downs pg. 77). Battered Women's Syndrome, although originating in part from the oppression of women, was initially developed by psychologists to help explain the behavior of women who were exposed to frequent and continuous abuse. The most highly recognized in the field of BWS, is psychologist Dr. Lenore Walker. Walker has dedicated most of her life to studying battered women and their victimization. Using the...

Find Another Essay On Battered women

Battered Womens Syndrome - A Survey of Contemporary Theories

3617 words - 14 pages Battered Womens Syndrome - A Survey of Contemporary TheoriesIn 1991, Governor William Weld modified parole regulations and permitted women to seek commutation if they could present evidence indicating they suffered from battered women's syndrome. A short while later, the Governor, citing spousal abuse as his impetus, released seven women convicted of killing their husbands, and the Great and General Court of Massachusetts enacted Mass. Gen. L

Domestic Violence Essay

3606 words - 14 pages In 1991, Governor William Weld modified parole regulations and permitted women to seek commutation if they could present evidence indicating they suffered from battered women's syndrome. A short while later, the Governor, citing spousal abuse as his impetus, released seven women convicted of killing their husbands, and the Great and General Court of Massachusetts enacted Mass. Gen. L. ch. 233, 23E (1993), which permits the introduction of

Battered Woman Syndrome

1088 words - 5 pages Nearly one in four women in the United States reports experiencing violence by a current or former spouse or boyfriend at some point in her life (Centers for Disease Control and Prevention 2008). As stated in the Centers for Disease Control and Prevention, “ These are our sisters, mothers, friends, family members, neighbors, and co-workers”.Should women that suffer from “battered woman's syndrome” be charged with murder for killing there abuser

Battered Woman Syndrome

1488 words - 6 pages Legal Studies Kelsey WellsLegal Studies Kelsey WellsLegal studies Kelsey WellsBattered Woman SyndromeOver the past two decades the community's awareness of domestic and family violence has increased significantly and in alliance with this shift, substantial legal reforms have occurred which are directed at assisting women who are victims of domestic violence. The term Battered Woman Syndrome is a theory which is now used in Australian

Lavallee's Case

833 words - 3 pages Criminal Law What principles with respect to women battering and self-defense have been established in Lavallee's case? Most of the case law involving female offenders depend on the Supreme Court of Canada's verdict in Lavallee, which accepted proof that an offender had encountered violence elicited by the victim, , Battered Woman Syndrome (BWS), as applicable to the problem of self-defense. In the Lavallee case, proof was disclosed

Amicus Brief - Hawthorne v. State

1008 words - 5 pages clarifying all the relevant stages, cycles of violence, symptoms and reasons why women choose to stay with the abuser. Amicus states that the appellant brief argues that evidence supported Dr. Walker’s qualifications as an expert and so focuses its own brief on the scientific knowledge of the field in support of an expert’s opinion on battered women syndrome. In doing so, amicus turned to guidelines, case law, scholarly legal materials, expert’s

Violence Against Women In Intimate Relationships

1678 words - 7 pages child with her partner, this poses an even more difficult situation because she would have to consider the child’s needs. In result, if the woman has no one else to turn to, she must stay and suffer the abusive environment. Wen Lin and Imm Tan’s essay “Holding Up More Than Half the Heavens,” addresses the lack of multicultural and multilingual services for battered Asian Pacific American women. “In the entire United States, only two shelters exist

"Batter Women Syndrome" by Lenore E. Walker

2036 words - 8 pages "The Battered Woman" by Lenore E. Walker discusses issues on domestic violence and the battered woman syndrome (BWS). Dr. Walker wrote this book in the year 1979 so she could reveal her findings and educate the people on the battered women syndrome, and domestic violence. Walker is one of the most well known researchers on the issue of domestic violence and the battered women syndrome (BWS). She has spent and dedicated a lot of her time in the

Battered Woman Syndrome

1823 words - 8 pages , 1990). The act will only be determined as self-defense if the person reasonably believed that the threat was imminent and that the threat of bodily harm or death constituted the use of the force used. 2. Approximately what percentage of battered women have been sexually abused (e.g., raped, raped with an object, raped in front of their children, etc.) by their spouses/partners? According to some studies, 60% of battered women are sexually

Moral Implications of the Battered Woman Syndrome

3143 words - 13 pages articulation of a proposal for reform of the criminal justice system specifically aimed at cases wherein there has been a long history of abuse or violence. This reform is unique because it does not rely on a separate standard of reasonableness particular to battered women, but arises out of consideration of the moral implications of legal proceedings involving domestic violence. Introduction The case of battered women who kill raises some

Domestic Violence Intervention for Women Visiting Accident & Emergency Departments in UK

7363 words - 29 pages Domestic Violence Intervention for Women Visiting Accident & Emergency Departments in UKIntroductionThe emergency department can be said to be the portal of entry for battered women (Olson, Anctil, Fullerton, Brillman, Arbuckle & Sklar, 19-96; Koziol-McLain & Campbell, 20-101). In the UK, it is estimated that 17-25% of all emergency visits resulted from domestic violence and 37% of injuries were as a result of domestic violence

Similar Essays

Battered Women Syndrome Essay

1641 words - 7 pages This Paper is about The Battered Women Syndrome. This paper withholds Facts, statements, statistics, and opinions about Battered Women. It also has a numerous amount of organizations, types of syndromes and theories of psychologists.Battered Women Syndrome is a woman that is unable to get out of an abusive/violent relationship, with a collection of psychological problems/symptoms. The woman is typically an unusually low self esteemed wife

Battered Women Syndrome Essay

11810 words - 47 pages Battered Women Syndrome The Battered Women Syndrome is a series of characteristics in women who are physically and psychologically abused by an important dominant male in their lives. These women learn helplessness and dependency; sometimes these characteristics originate from childhood. According to Dr. Lenore E. Walker, a woman must experience two cycles, before she can be labeled a “battered woman”. The two cycles are called the “cycle

Posttraumatic Stress Disorder And Depression In Battered Women

988 words - 4 pages Posttraumatic Stress Disorder and Depression in Battered Women Summary Barbai, Ben-Shakhar and Shalev (2007) conducted a research study to investigate the role that learned helplessness (LH) played in the length and severity of violence towards the female population as well as the severity of symptoms and diagnosis of major depression (MDD) and Post Traumatic Stress disorder (PTSD) on women who had been exposed to domestic violence for a long

An Assessment Of Option House, A Shelter For Battered Women

912 words - 4 pages , information and awareness, courthouse outreach, violence prevention outreach, and a children services center; and how the agency serves the community by teaching battered women to start over, providing counseling and skills to get them back on their feet.Through their Courthouse family violence outreach, courthouse staff assists survivors of family/domestic violence in completing Family Law legal documents, including Temporary Restraining Orders, Civil