Battered Woman Syndrome Defense example essay topic

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 of violence".

This cycle leads to the feeling that the abuse will never stop. It almost becomes natural. Sometimes the relationships will be calm, and the abuser will apologize for what happened. This part is called the "honeymoon cycle", but at other points in the cycle the tension and arguments just soar all the time (divorcenet. 12-3-00). After years, the cycle starts to go quicker.

At this point, the woman starts to feel trapped, because she would go through these cycles more than once a day. At some, certain point, she will have to act out in what is legally considered "self-defense". Stereotypes of battered women will always be around. Many people wonder why don't the wives or girlfriends just get help, why don't they tell someone, or just get up and leave. People fail to realize that leaving an abusive relationship can make matters worst. Some can't leave because she is financially dependent or they have children, and / or their mates threaten to kill her and her children or take her children away.

A real mother would never leave her children, in any situation. The prosecutors usually always bring up these stereotypes of battered women. In some situations the woman will leave, but staying out is hard for her or he makes it hard for her. Once the woman leaves he will usually do his best to find her and when he does, he threatens her, or may embarrass her, and she " ll leave with him because of the scene he makes.

In addition to all these reasons to why women sta in abusive relationships, is because women lose their self-esteem and eventually don't have the energy to leave. In order for the Battered Woman Syndrome claim to be used expert testimony is essential. This is needed in order to give matter to the argument that justifies what the woman did. It is also needed because there needs to be an explanation of the Syndrome to juries, in away they can understand. Learned helplessness and other scientific knowledge need to be explained in order for the jury to understand. To understand what the woman is going through, what she was thinking at the time she committed the crime, and that she did it (murder her abuser) it because she honestly felt that it was the only solution in getting the "cycle of violence".

First, the women must show that she is able to prove either through her own testimony or through the testimony of other witnesses that she is a "battered woman". She must then provide proof that the expert who she has chosen is qualified in the field. Some think that the defense based on Battered Woman Syndrome is an insanity defense, because of the experts who are brought in to explain the characteristics of the syndrome, psychologists or psychiatrists. Also because the word "syndrome" is often used to describe mental illnesses.

"First her husband, now the courts", is what one of the signs read at a march during the third trial of Idalia Mejia in 1978 (Gillespie 165). In addition to the violent husband and the courts filled with prosecutors and confused jurors abuse a woman once she has tried to protect herself, but so do the police. Police officers receive little training in dealing with domestic violence cases. The techniques are usually to defuse the situation.

Rarely do officers make an arrest. Police departments have what is called "stitch rule" this is a victim needs to have a certain amount of stitches before officers are required to make an arrest. People always ask the same question, well why did she call for help When the woman finals builds up the courage to actually call the police for help, they arrive to do nothing for her except maybe make situation worst. The worst part of the authorities failing in helping a person is when these people (police officers, prosecutors) believe that they have no business in the next man's business. Some also believe that beating your wife is not important enough for the criminal courts; and those who file a complaint are just trying to manipulate their husband (Gillespie 140).

Once the man is arrested for battering his wife, he is most likely to be released on his own recognizance, while he waits for trial date. Once this all happens he goes back home and tries to give some kind of remorse to his wife so that she can drop the charges. Some are released merely because they promised the judge that they wouldn't do it again (Gillespie 142). Also restraining orders might as well mean nothing. An officer usually will not arrest a man who violates his order unless the violation occurs in front of him. My opinion if this is a fact amongst officers, than what is the point of charging any one with a crime, murder, rape, child abuse id authorities didn't see it for themselves or someone confesses.

I think a restraining order should be in police officers computers, just the same way a warrant is in the computers. When the abusers go to trial and get convicted they get the low degree of assault and might be sent to jail for, maybe, a year. A woman on the Maury Povich talk show (aired 12-7-00), was a woman that was nearly killed, if it wasn't for her son waking up to the noise. Her husband was beating her with a hammer against her head. After several blows to her head and her blacking out every now and then, he came at her with a knife to stab her.

Then her 6-year old son came out of his room and saw his mother laying on the floor with blood every where, a her husband was about to stab her she try to prevent him from going any further he slipped and stabbed his self. As he fell to the floor the little boy unlocked the door and helped his mother to the neighbor's house. He was prosecuted and sent to jail for 3 years only. From what I know I would consider what he did to his wife was attempted murder. I don't believe that someone who obviously tries to kill his wife should go to jail for only 3 years. Once this man gets out he " ll come back for her.

Who will protect her again If she has a restraining order out on him she might be protected. Not only should he have been charged with attempted murder but also he should have received a charge of endangering the child's welfare. But yet, these men get the lesser of the highest charge possible. There are women who misuse and abuse the claim of Battered Women Syndrome. Some are just trying to find an easy way out. They use it because they planned the whole murder out, they hired a hit man, or they came once already out of relationship; they try to get a lighter sentence.

We do we will be holding essential evidence for those who really need it. This defense can read to "not guilty" verdicts. If we exclude this type of defense we would be sending a woman to jail for a crime which she honestly had no choice but to commit. In the sixth amendment, it states that in all criminal trials, the accused has the right to present a defense. Deciding who has a case, and who doesn't, is the jury's job. Courts shouldn't limited the kinds of defenses that people are allowed to use in a case, limiting types of defenses means you might be stripping someone of their innocence.

Women, especially battered women, have to go through a lot in this country to gain respect. Being dependent and helpless on the next person makes it hard for women to gain respect, especially if she has to kill someone just to get back sense of control. Battered women are not only victims, but they are strong courageous survivors. I did this research because I always seen on t. vs. now the police officers never arrest men who have obviously have beaten on their wives.

I want to know what happens to a woman when she has no choice but to kill her husband in self-defense and keep her children safe. "If we as a society can not make the distinction between real victims and "excusemongers", it's not because there is something wrong with battered women, it's because there is something wrong with us (Winters 153)". In conclusion, the Battered Woman Syndrome defense is a defense that can be used in courts for battered women who kill their abusers out of the self-defense. The Battered Woman Syndrome is a series of learned characteristics. Characteristics like learned helplessness and dependency. Sometimes they are learned while in an abusive relationship or just a childhood thing.

There are many stereotypes as to why doesn't the woman just leave, the answer to that is, it's not that easy. In order for the woman to successfully use the syndrome she has to be labeled a "battered woman". It is not an insanity defense. Its purpose is to show the court that there was a reasonable reason to why she committed this crime. Making sure that the understanding of the syndrome is understood, because essential to a woman's case. It is a self-defense, defense which every man and woman is entitled to.

"The Battered Woman Syndrome testimony is offered in a self-defense trial to shed light on the reasonableness of the defendant's behavior (Gillespie 159)". 12-3-00). In addition to all these reasons to why women stay in abusive relationships, is because women lose their self-esteem and eventually don't have the energy to leave. 12-3-00). 12-3-00).

12-3-00). 12-3-00). 12-3-00). They use it because they planned the whole murder out, they hired a hit man, or they came once already out of relation.