The impact of expert testimony on trials of battered women who kill their husbands

Abstract

Increased cr#ention to family violence is reflected, in part, in the growingApproximately 1,000 husbands die at the hands of their wives each year in the United States (FBI Uniform Crime Reports, 1982). Women who kill their husbands, and particularly those who do so as the culmination of a relationship in which they have been severely abused. are beginning to attract considerable attention from the media, the legal system, and family violence researchers (see, forexample,

Abuse history and culpability judgments: Implications for battered spouse syndrome.

“…Other researchers have shown that without evidence of BSS or BWS jurors have difficulty understanding the behavior of abused women in that they tend not to leave the intimate responsible for the mistreatment (Dodge & Greene, 1991; Greene, Raitz, & Lindblad, 1989). The findings of research in this area generally show that allowing expert witnesses to discuss the syndrome helps jurors to accept that abused woman may resort to violence instead of leaving their batterer or seeking the help of law enforcement (Blackman & Brickman, 1984: Kasian, Spanos, Terrance, & Peebles, 1993; Schuller & Hastings, 1996; Schuller, McKimmie, & Janz, 2004; Schuller et al, 1994).…”

At the frontier: In pursuit of justice for women.

“…She remarked that the controversies that surrounded these pursuits were diversionary and sidetracked scholars from an emphasis on discrimination. Fine (1985Fine ( , 1986 Walker, 1979Walker, , 1984 and rape (Bart & Moran, 1993;Berger, 1977;Blackman, 1981Brownmiller, 1975;Burgess & Holmstrom, 1974;Johnson, 1980;Russell, 1982;Scully & Marolla, 1993) and the women who fought back and killed their abusers (Blackman, 1986(Blackman, ,1987(Blackman, ,1990aBlackman & Brickman, 1984;Bochnak, 1981;Browne, 1987;Crocker, 1985;Ewing, 1987;Gillespie, 1989;Jones, 1980;Maguigan, 1991;Schneider, 1980Schneider, , 1986Schneider & Jordan, 1978;Walker, 1990).…”

“…In these areas, the connection between psychology and the law has been established. Still, there are problems in this connection, and the women in the room of our texts continue to deserve our attention (Blackman, 1990a(Blackman, , 1990bBlackman & Brickman, 1984;Faigman, 1986;Schneider, 1986;Walker, 1990). I explore these problems as well.…”

Battered Women Who Kill Their Abusers

“…For example, the presence of expert testimony has been one variable often manipulated in cases involving battered women who kill their abusers (e.g., Kasian, Spanos, Terrance, & Peebles, 1993;Schuller & Hastings, 1996;Schuller, McKimmie, & Janz, 2004;Schuller, Smith, & Olson, 1994). Many view the presentation of expert testimony as an opportunity to reeducate the jurors about the plight of the battered woman (Blackman & Brickman, 1984). Such testimony, however, is not always effective in influencing juror judgments (cf.…”