Thesis Assignment

Michelle_Michy

exampleofthesis.pdf

Home >Education homework help >Thesis Assignment

111]'#a[[[

Janel Shepherd, Toya Kerridge

N00489367 N01140642

Senior Level Thesis 2 (CRIM 4501 OLA)

Student’s attitude towards the use of Battered Woman Syndrome as a criminal defense.

Professor Aqeel Saeid

Monday, March, 2020

Table of Contents

Abstract (TK)

Introduction (Janel).....................................................................................

Purpose of the Study (Janel)........................................................................

Hypothesis (Janel)........................................................................................

Variables and Operational Definition(Janel).................................................

Theoretical Model (Janel)..............................................................................

Theoretical Framework Contributions (TK) Review of Literature (TK)

Methodological Approach and Timeline(Janel)..................................................

Analysis of Study Results(Janel)..........................................................................

Discussion (TK)

Answering the Study Hypothesis(Janel)...............................................................

Challenges and Ethical Concerns(Janel)...............................................................

Limitations and Future Research(Janel)................................................................

Conclusion (TK)

Abstract The Supreme Court of Canada in 1990 acknowledged Battered Women Syndrome as a legal

extension of self-defense. This is a feat in legal history as it considers the psychological

impacts battered women experience such as behaviorism or learned helplessness. Thus, it

places victimized women at the forefront without immediate retribution. In modern times,

Battered Women’s Syndrome continues to be used in the court of law, however, it is not

entirely accepted as a means of defense. Humber College students in the Criminal Justice

program and other programs were surveyed. 77% agreed these women should be charged

with homicide in addition to the 67% who agreed women should attempt to leave their

partner before death occurs.

Introduction

Battered woman’s syndrome has become an extremely contentious issue when used as a

criminal defence in murder cases. Many have argued that battered women should find

alternate resolutions to settle their disputes, such as reporting the matter to the police or by

simply leaving the relationship. To date, the defence continues to receive mixed reactions

from justice advocates and the general public. As of 1990, the Supreme Court of Canada

(SCC) accepted the Battered Woman Syndrome (BWS) as a legitimate expansion of self-

defence in Canadian criminal courts. This defence recognizes the testimony of a woman

accused of murder, attempted murder or aggravated assault. The defence also acknowledges

the psychological factors and cycle of abuse a woman suffers resulting in “her apprehension

of danger and ultimately her apprehension of death during a particular battering episode”

(Regehr& Glancy, 1995). BWS evidence defends a woman’s emotional state and explains

why she believes that there were no alternative solutions to protect herself from the danger

she experienced at the time of the incident. This criminal defence has sparked widespread

debate with opposing conclusions. Some believe that once a life is taken the accused should

be charged with murder, while others believe that the mitigating factors must be considered

especially in cases of BWS.

A recent revision made to sections 34 and 35 of the criminal code simplifies the criminal laws

and legislations governing self-defence and defence of property. The previous legislatures

were criticized as being extremely inconsistent and vague and required more clarity. After

several complaints to the SCC, dating as far back as 1995, legislative changes came a mere

17 years later. The new legislation makes a clear distinction between an excuse that

accommodates human frailties and a justification that applies to rightful conduct. The revised

provisions in sections 34 and 35 are consistent with current changes in self-defence especially

as it relates to cases involving battered women. The revised sections ask jurors to determine

reasonableness, prior threats of violence received by the accused, as well as any expert

evidence consistent with battered woman syndrome. Although the issue of expert evidence

can be called into question since the woman may not display symptoms consistent with that

of a battered woman, her present state of mind will need to be validated. Expert evidence may

suggest the possibility for a battered woman to anticipate the beginning of violence before

she is first struck, even if an outsider cannot. If she believes that she was under duress and

needed to defend herself, the jury will need to determine the reasonableness of her claims

(Roach, n.d.)

Traditionally, Self-defence has always been a justification and not an excuse on the premise

that the accused reserve the right to defend themselves and their property against imminent

danger. People who act in proportionate self-defence are viewed as right in defending

themselves and not as people who must be excused for committing a crime under critical

circumstances. Simultaneously, Canadian criminal law is not entirely consistent in this

respect and requires crimes committed under pressure to be proportionate to the harm. The

new legislative provisions in sections 34 and 35 replaced the reference that an accused acting

in self-defence or defence of property is defended with a more generic reference to an

individual not guilty of an offence. Quite often, acts of proportionate self-defence can be

viewed as a justification but the present revisions recognize the difference between

justification and excuse, which can even become distorted in some situations. For instance, in

1990, the Supreme Court disapproved of a case in which appellate courts had held that a

battered woman could not claim self-defence or defence of others after shooting her sleeping

husband. If self-defence was recognized in this case, it would look to some extent like a

reason that obliged human frailties rather than a justification leading to self-defence.

Section 17 of the criminal code recognizes that “a person who commits an offence under

duress or by threats of immediate death or bodily harm from a person who is present when

the offence is committed is excused for committing an offence if the person believes that the

threats will be carried out and if the person is not a party to a conspiracy or association

whereby the person is subject to compulsion” (Justice Law, 2019). While section 34

specifically outlines the defence and factors used in determining the authenticity of a BWS

defence. The defence includes the following three factors:

a) “ they believe on reasonable grounds that force is being used against them or

another person or that a threat of force is being made against them or another person”

b) the act that constitutes the offence is committed for defending or protecting

themselves or the other person from that use or threat of force; and

c) the act committed is reasonable in the circumstances” (Justice Law, 2019)

The court shall consider the relevant circumstances, the act, and all person(s) involved when

determining guilt and or responsibility of the crime committed. It also considers the following

factors when determining the reasonableness and validity.

a) “ the nature of the force or threat;

b) the extent to which the use of force was imminent and whether there were other

means available to respond to the potential use of force.

c) the person’s role in the incident.

d) whether any party to the incident used or threatened to use a weapon.

e) the size, age, gender and physical capabilities of the parties to the incident.

f) the nature, duration, and history of any relationship between the parties to the

incident, including any prior use or threat of force and the nature of that force or

threat.

g) any history of interaction or communication between the parties to the incident.

h) the nature and proportionality of the person’s response to the use or threat of

force; and

i) whether the act committed was in response to a use or threat of force that the

person knew was lawful” (Justice Law, 2019).

Purpose of the Study

The primary purpose of this qualitative study is to understand students’ attitudes on BWS as a

criminal defence under the self-defence category. A second purpose was to understand the

correlation or variance between male and female students, as well as to provide

recommendations for improvement. We aim to determine what impacts the field of study has

on students’ overall attitudes on BWS as a criminal defence. This will be measured by

collecting data from students in justice studies courses and non-justice study courses and

compare the data based on the mean value. The research findings will focus on Students’

overall attitudes towards Battered Women Syndrome as a criminal defence within the

Canadian Justice System. Multiple theories will be used to explain Battered Women’s

Syndrome in sociology and psychology with the primary focus on behavior and feminists’

approaches, the cycle of violence, learned helplessness and powerlessness.

Hypothesis

It is hypothesized that men will have a stronger opposition towards BWS as a criminal

defence as well as students with limited knowledge of the criminal justice system. Therefore,

this study tested the following two hypotheses to confirm these ideas:

· There is a probable significant difference between males and females in terms of their

attitudes towards BWS as a criminal defence.

· There is a probable significant difference between justice-related students and non-justice

related student’s perception towards BWS as a criminal defence.

Variables and Operational Definition

The two variables to be tested in this research are Students’ attitudes and BWS as a criminal

defence. For this study, Students’ attitude is defined as a student’s inclination to respond

positively or negatively towards a situation or idea triggered by their emotions, feelings,

opinions or beliefs (Meriam Webster Dictionary, n.d.). BWS as a criminal defence focuses on

student’s opinions towards women who use force to defend themselves against their abusive

partners. This study will be conducted using a survey designed to explore student’s attitudes

towards BWS as a criminal defence. The attitudes are measured using a Likert scale through

a series of questions where students will have the opportunity to answer based on their

feelings, opinions or beliefs regarding the topic. Based on the survey questions, students

scoring between 3-5 will be considered having positive attitudes towards BWS and students

scoring between 1-2 will be considered having negative attitudes.

Theoretical Model/ Framework

Learned Helplessness and the Cycle of Violence were identified as the two main theories that

have received empirical support in the explanation of battered women behaviours. First, the

term learned helplessness often spelt learnt helplessness is a preferable term as it avoids the

implication that helplessness is knowledgeable. The term was originally coined by

Psychologist James Overmier and Martin Seligman and provides a general explanation as to

why many women become psychologically locked in their battered relationship even though

they may want to leave but may feel restricted or conflicted in doing so. Learned helplessness

depicts a psychological disorder that is present when an individual is exposed to repeated

abuse over which she believes she has no control or escape resulting in the “impairment in

motivation and control of future outcome even after the uncontrollable situation disappears”

(Brodsky, 2019).

Learned helplessness was first tested on dogs. The dogs were taught that their behavior did

not affect whether they received electric shocks or not. Likewise, a woman with no control

over her abusive environment experiences behavioural issues and a lack of motivation. The

battered woman may also have children and feel economically dependent on her batterer.

Quite often, the battered woman harbors the fear that leaving the battered relationship may

result in death, harassment or an increase in violence. Statistics Canada reported that the

prevalence of spousal homicide was separation which accounts for more than 50% between

2007 to 2011 (Statistics Canada, 2013).

Second, The Cycle Theory of Violence also known as a tension-reduction theory shows

women who experienced intimate partner violence go through a three-phase cycle of

violence. The three phases associated with the battering cycle are: (a) a “tension-building

accompanied by a rising sense of danger, (b) an acute battering incident and (c) the loving

contrition” (Walker, 2017). The cycle commences after the couple has been dating for a

while. The batterer appears very loving and pays the woman a lot of attention. Some women

reported the attention to turn into stalking and surveillance after a while. But by this time the

woman is already committed and does not have the willpower to leave the relationship.

Some also believe being married will make the man feel less insecure and will have no time

to continue micromanaging their lives. Unfortunately, after marriage or the birth of a child,

the situation only intensifies. The first two phases of the cycle begin followed by the third

phase of loving behavior.

In the first phase, there is a gradual increase in tension and friction such as non-verbal cues

and subtle name-calling. In phase two the tension continues to escalate forcing the woman to

become more fearful and at this stage, she is unable to cope with his angry outbursts. She

then withdraws herself from her batterer in fear that she will unintentionally upset him which

leads him to the third phase where he is apologetic for his behaviour and the cycle continues

all over again. This cycle is a way to throw the battered woman off balance. Living with this

much uncertainty is a way to throw her off balance and cause chaos within the household.

Although not every woman living in battering households kills their partners, a very few do.

According to researchers, they stated that it is difficult to predict which women are most

likely to kill their partners, but offer several common factors in the lives of battered women

who kill: First, they tend to have been battered more often, and to have suffered severe

injuries as a result of a battering episode. Second, they are more likely to have been

threatened with death and weapons, and often live in homes where guns are kept. Lastly, the

women are more likely to have been sexually abused by their abusers; their abusers are likely

to be substance abusers and quite often abuse children living in the battered household.

(Walker, 2017).

Theoretical Framework Contributions

Walker’s learned helplessness theory was founded with a focus on representing psychological

conditions which are established when a woman is exposed to repetitive experiences which

she perceives she cannot escape from and can result in decision-making impairment or lack

of control and incentive towards positive future outcomes even after the undesirable

controllable stimuli disappears (Brodsky, 1987). Research on learned helplessness and trauma

theory was conducted by Palker-Corell and Marcus (2014) on partner abuse to determine the

correlation between attributional style and depressive symptoms related to trauma among

battered women. The study was conducted with a sample size of 101 females, 49 of whom

were recently admitted to a battered women’s shelter and 51 women from within the

community.

In their findings, they describe the participants as having symptoms resembling those that

were consistent with learned helplessness theory and other research studies connecting

attributional style to trauma symptoms. They also reported that “attributional style

contributed to the prediction of depressive and trauma symptoms,” whereas the women who

were residing at the battered women’s shelter provided detailed explanations regarding their

negative incidents in a “global, internal and stable manner were more likely to report

depressive and trauma symptoms” compared to the women living within the community

(Parker-Corell& Marcus, 2014).

Behaviorism and Cycle of Violence

John B Watson’s behaviorism theory was founded with a focus on the systematic approach to

gaining knowledge of all types of behavior of both animals or humans. Watson suggested that

learned behavior is either a reaction to an initial action or a combination of specific behaviors

learned through positive or negative reinforcements or a consequence of that individual’s previous

lived history including abuse, discipline, and reinforcement occurring together with an individual’s

current mental state or environmental stimuli. Watson also believed that behaviors were gained

hereditary but relied heavily on environmental stimuli (Weibell, 2011). An example of behaviorism

would be that of Li Eriksson and Paul Mazerolle’s quantitative research with a behaviorism approach

to Inter Partner Violence (IPV) and its impact on studying how and why

“a cycle of attitudes and violence against women correlate with being hereditary” (Eriksson and

Mazerolle, 2014). This study was conducted with a sample size of 327 males who were recently

arrested and release for a series of charges, one being assault (including IPV) the interview

questionnaire included questions about IPV (hitting, pushing or slapped), personal history of

childhood physical abuse or if they were personally a witness to parental violence and to express their

thought on whether or not any abuse against women would be justifiable (Eriksson and Mazerolle,

2014). Utilizing this approach explains why some individuals who are violent towards women are a

product of their environment of previous experiences of exposure to violent behaviors during

childhood which then models an offender’s behavior during adulthood (Eriksson and Mazerolle,

2014).

Learned Helplessness and Powerlessness Lenore Walker’s learned helplessness theory was founded with a focus on representing

psychological conditions which are established when a woman is exposed to repetitive

experiences which she perceives she has no control or escape from and can result in

decision-making impairment or lack of control and incentive towards positive future

outcomes even after the undesirable controllable stimuli disappears (Brodsky, 1987). An

example of the learned helplessness theory would be that of Ann Palker- Corell and David K

Marcus’s research with “partner abuse, learned helplessness and trauma” (Palker- Corell and

Marcus, 2014). The research objective was to determine if “attributional style is related to

experienced depressive symptoms related to trauma amongst battered women” this study was

conducted with a sample size of 101 females, 49 of whom were recently admitted to a

battered women’s shelter and 51 women from within the community (Palker- Corell and

Marcus, 2014). In their findings Palker- Corell, and Marcus describes the participants as

being “consistent with learned helplessness theory and with other research studies connecting

attributional style to trauma symptoms, they also reported that “attributional style contributed

to the prediction of depressive and trauma symptoms”, whereas the women who were

residing at the battered women’s shelter provided detailed explanations regarding their

negative incidents in a “global, internal and stable manners were more likely to report

depressive and trauma symptoms” compared to the women living within the community

(Palker- Corell and Marcus, 2014).

Feminist Theory Approach Feminist theory plays a huge role within the field of sociology, the approach includes

movement between “analytic lenses, assumptions and topical focuses away from the

dominant male experiences and viewpoint towards women (Schneider, 1992). An example of

a feminist approach would be that of Author Elizabeth Schneider who in her article titled

“Challenges of Feminist Theory and Practice in Work on Woman- Abuse” states that much

more work needs to be done challenges working with men who batter women (Schneider,

1992). Schneider continues to discuss “nationwide media stories of the many women who

have been murdered by men and the few battered women who have been granted clemency

for killing their abusers” (Schneider, 1992).

In the case of R.v. Malott, a battered woman who murdered her abusive common-law

husband and father of her two children, the judge assigned advised the jury to “respect the

evidence on battered women syndrome and to apply the evidence presented as it relates to

the “law of self-defense” (R. v Mallott, 1998). Utilizing this theory explains why members of

society need to be educated on the Feminist approach to gain knowledge and better

understand the many issues women live with daily including domestic violence, social issues

and trends that would most likely be identified incorrectly or unnoticed by the male

perspectives in society.

Review of Literature There are numerous studies pertaining to battered women and how they are received in the

criminal justice system. Jury decision making can be taken from various perspectives, one

being the stance of common-sense notions of justice. A question that arises from this

perspective is whether the laws in place for battered women are “consistent with what society

believes is right and just” (Huss, Tomkins, Garbin, Schopp, Kilian, 2006). In their study,

Huss et al. (2006) provided, 98 undergraduate students (36 male and 62 females), 16 actual

case vignettes to categorize according to their similarities and differences. In these

similarities and differences, the participants answered specified questions ranging from legal

culpability, pattern and severity of abuse to level of force. Following this study, it was

suggested that the law does operate under what society deems as "fair" or common-sense

notions of justice (Huss, et al., 2006).

Although this common-sense notion is evident in many cases, there are many incidences

where women are prosecuted with charges such as homicide. In a study to determine whether

battered women should be prosecuted for homicide, 64 first year law students (18 female and

37 male) voluntarily participated by completing a 42-page questionnaire of open-ended

questions. These questions were designed to gather responses to determine the likelihood of

prosecution using either legal or supplementary case related variables. For example, variables

include battered women syndrome being used as a legal defense and history of violence. The

research findings concluded the majority of respondents, 5.79% will utilize battered women

syndrome as a legal defense, whereas 4.95% will prosecute a defendant for a guilty or

innocent plea. In addition, a reported 4.86% will most likely use legal elements such as

unlawful act of murder through criminal acts (Follingstad, Rogers, Welling, Priesmeyer,

2015). Sentiments towards battered women vary where many believe they should not be

solely regarded as victims of violence, but should be responsible for their actions.

A research study was conducted to determine if “battered women’s syndrome” can be used as

a legal defence to declare innocence or if a guilty plea should be considered instead. This data

sample included only female undergrads with a mean age of 20 years, who volunteered to

participate in a study called “Intimate Partner Experiences”. Sessions were conducted in

groups of five to sixty. All participants were given a vignette taken from a real-life criminal

case of a battered woman who killed her abuser (State of Kansas v. Hundley, 1985). Also

assessed were the participant’s personal history of violence and the type of distress they had

experienced. The victim in the case plead not guilty by way of self-defence as a result of her

lived experience of domestic violence including emotional, physical and sexual abuse. The

research findings concluded that of the majority of respondents, 4.22 % participants felt very

empathetic towards the victim, whereas 2.15% disagreed and felt the battered woman was

legally responsible. In addition, 1.85% participants felt moderately different towards the

battered woman (Stein & Miller 2012).

In a study to determine whether reasonableness can be used as a mitigating argument, 143

males and 173 females in first-year undergraduate Psychology, voluntarily participated and

were assigned one or more roles as members of a jury in a mock criminal trial. This trial was

designed to determine the perception of battered women syndrome as a legal defense to

grant abused women an acquittal of self-defence. This would be considered if the action of

lethal force was committed during an attack or was the act of self-defence during a hiatus of

violence where, for example, the abuser was asleep. During this mock criminal trial, six

different 90 minute videotapes of a fictitious trial were shown to the jurors (first-year

psychology students). Actual legal transcripts were used from real-life case studies and legal

cases of battered women who were accused of killing their abuser. The instructions given to

the “jurors” were built on the Canadian Criminal Code and demonstrated after Canadian

jury instructions. Also noted were the similarities between the American and Canadian

self-defence laws. Although the Canadian Criminal Code states, “the danger of death or

serious bodily harm does not have to be imminent” but a defendant must hold a

“reasonable apprehension of such harm”. The research findings concluded that the majority

of participants acknowledged the expert’s testimony and the contributing factors of

battered women’s syndrome, but jurors returned after deliberations with a not guilty 12%

and a guilty 48% (Terrance, Matheson, 2003).

Methodological Approach and Timeline

The methodology and research design focused on the steps used in obtaining and gathering

data on student’s attitudes towards the use of Battered woman syndrome as a criminal

defence in Canada. The study involved a primary analysis of survey data. Researchers used a

quantitative research approach in which 151 Humber College students completed a

paper-based questionnaire. The students were divided into two groups based on the courses

they were enrolled in, namely, justice, and non-justice. The justice students are from the

Community and Justice Services and Criminal Justice programs, while the non-justice

students are from the Media Studies, Interior Design, and Business and Commerce programs.

Because the study investigated students’ attitudes towards the battered defence, we employed

the positivist research perspective. The positivist perspective believes that reality is

“objective, tangible and single. Interest is focused on what is general, average and

representative so that statistical generalization and prediction are possible” (Decrop, 1999,

p.157)

The researchers contacted several teachers and were able to meet students during regular

class time. The students were provided with a survey of 10 questions and a consent form. The

consent form advises students of their voluntary participation with the option to withdraw at

any time. The process lasted for approximately 20 minutes. The questionnaire was

specifically tailored to investigate student’s overall attitudes to BWS defence by collecting

data from students and analyzing it for our hypothetical findings. The methodological

instrument the Likert Scale was used to measure students’ attitudes towards criminal defence.

The Likert scale was used to measure students’ attitudes and feelings about the topic. The

scale included three questions that were asked to answer and ideally balanced the responses

the students choose from. The data was coded using random numbers to maintain

confidentiality based on the date the surveys were conducted. The information was then

inputted into an Excel worksheet and later transferred to the SPSS software for analysis. The

SPSS program provided an output of statistical analysis and provided us with visuals to

present our findings through descriptive statistics and exploratory data analysis.

Analysis of Study Results

The survey asked basic demographic questions such as participant's age, sex, and education

(area of study). More specifically, the survey asked detailed questions such as participant’s

belief in the use of BWS as a criminal defence, their agreement or disagreement with the

leniency of the justice system, their belief on preferable treatment between males and

females, and the overall impact the study may have had on them individually. The overall

sample size (N=151) of college students surveyed 93 females and 46 males and the remaining

12 participants did not identify their gender as depicted in Fig 1. The mean age for this

demographic is (M = 22.52) on a scale of 1-4.

Discussion

The research hypothesis suggested males would have a higher opposition towards Battered

Women’s Syndrome as a legal criminal defense versus females. Similarly, non-Criminal

Justice students would respond with a probable significance of indifference versus Criminal

Justice students who would be in agreeance of Battered Women’s Syndrome as a legal

criminal defense. Thus, the 151 student participants were provided with a paper-based

questionnaire. They voluntarily agreed to respond to questions that would assist in collecting

data to determine their attitudes towards Battered Women’s Syndrome as a legal defense. As

hypothesized, the results from the questionnaire did support the initial claim of students who

are not in the Criminal Justice program disagreeing with considering Battered Women’s

Syndrome as a legal defense. On the other hand, once again, those who are in the Criminal

Justice program did view Battered Women’s Syndrome as a legitimate argument.

In order to correctly prepare non-Criminal Justice students, they were provided the definition

of “Battered Women’s Syndrome” at the beginning of the questionnaire. This provided an

even level of understanding to ensure participants considered and understood contributing

factors to women living with abuse. In this research, there was no attempt to frame, influence

or manipulate the questions to gain favor in achieving the hypothesis. Although this study has

determined that those who responded would use “battered women’s syndrome” as

self-defense, this does not mean the same outcome will be evident in a Canadian criminal

justice courtroom.

The chosen methodology design was purposely used to gather data in a confidential,

cost-effective, easy and simplified manner which guaranteed responses collected were

directly from the participants themselves. With the questionnaire design in mind, it

specifically included questions that allowed the participants to either identify, excuse or

question the possibility of stereotypical ideologies regarding battered women.

It was decided to combine both Criminal Justice and non-Criminal Justice students to achieve

an unbiased response. If the sample of respondents was not created in this way, data could

have been either controlled (knowledge of law) or uncontrolled (little to no knowledge of

law).

To effectively create a foundation for this research, it was necessary to examine multiple case

studies and theoretical frameworks that were peer reviewed and noted. The research reviewed

illustrated the numerous approaches to understanding Battered Women’s Syndrome and why

it should be utilized as self-defense in a criminal court of law.

Although the results from this research study and countless others have determined that

Battered Women’s Syndrome should be considered as a legal defense of self-defense,

additional research is required to determine if it can either negatively or positively influence

the decision in favor of the defense or prosecution team.

Conclusion

Battered Women Syndrome as a criminal defense, specifically the murder of a woman by her

partner, has increased significantly in both Canada and over the world. Any women who

make a Battered Women self-defence plea cannot be guaranteed their declaration will be

accepted or effective. The aim for abused women, who have been charged with murdering

their abuser in an act of self-defense, is to gain exoneration, where the physical attack must

have been occurring at the same time, or with imminence. In uncommon circumstances, the

murder of a partner is generally the last resort in an attempt to save their own life.

A review of the literature shows that most jurors will question the use of Battered Women’s

Syndrome and self-defense. But, corroborating evidence presented by experts can testify that

educating jurors on domestic violence and the long-lasting negative impacts.

Statistics

Question 2

N Valid 151

Missing 0

Gender

Frequency Percent Valid Percent Cumulative Percent

Vali

Female 93 61.6 61.6 61.6

Male 46 30.5 30.5 92.1

Other 5 3.3 3.3 95.4

Prefer not to say 7 4.6 4.6 100.0

Total 151 100.0 100.0

Fig 1.

Participants were divided into two groups based on their area of study. This information is

outlined in Fig.2. Of the 151 participants, 112 or 74 percent are enrolled in justice-study

courses. The remaining 39 or 26 percent of students are enrolled in non-justice courses.

Field of Study

Frequency Percent

Valid Justice Students 112 74.2

Non-Justice Students 39 25.8

Total 151 100.0

Fig. 2

Overall, of the 151 participants, approximately 77 percent agree that women who kill their

abusive partners should be charged with homicide under the Canadian criminal code while

the remaining 23 percent disagreed. Additionally, 67 percent of participants believe that

women exposed to domestic violence should leave the relationship before it ends in death

with the remaining 33 percent believing that the women should remain in the house.

Answering the Study Hypothesis

The two main hypotheses proposed in this study first looked at the significant difference

between males and females’ attitudes towards the BWS defence, the results show that there is

a significant difference between males and females’ attitudes on the criminal defence. The

results are illustrated in Fig. 3 below.

Group Statistics

Question 2 N Mean Std. Deviation Std. Error Mean

Question 7 0 93 1.75 .996 .103

1 46 1.30 .591 .087

Fig. 3

Second, the probable significant difference between justice-related students and non-justice

related student’s perception towards BWS as a criminal defence. There was also a significant

difference in the area of study with the justice related students had higher scores (M=1.64

SD=.948) than non-justice students scoring lower with a (M=1.49SD =. of .756)

Group Statistics

Question 3 N Mean

Std.

Deviation

Std. Error

Mean

Questio

n 7

Justice Students 112 1.64 .948 .090

Non-Justice

Students

39 1.49 .756 .121

Independent Samples Test

Levene's Test

for Equality

of Variances t-test for Equality of Means

F Sig. t df

Sig.

(2-tail

ed)

Std.

Error

Diffe

rence

95% Confidence

Interval of the

Difference

Lowe

r Upper

Que

stio

n 7

Equal

variances

assumed

3.1

.07

.355 .1

.168 -.176 .487

Equal

variances

not

assumed

.304 .1

.151 -.144 .455

Fig. 4

Also, the results of the Likert scale were used to collect specific data relating to the

elimination of the BWS as a criminal defence. Participants scoring above (M=1.6 SD=.902)

have positive attitudes towards BWS as a criminal defence while Participants scoring below

have negative attitudes depicted in Fig. 5 below.

Descriptive Statistics

N Mean

Std.

Deviation

BWS as a criminal defence

should be eliminated from

the Canadian criminal

Justice system

151 1.60 .902

Women who kill their

partners should be charged

with homicide

151 1.95 1.142

Men and women charged

with homicide should be

tried on the circumstances

of the case or the crime

151 1.66 .855

Challenges and Ethical Concerns

Since the study asked opinion-based questions and not targeted to students’ actions or history

we anticipate minimal risk from this research. We provided students with consent forms with

each survey and advised students that their participation is completely voluntary with the

option to stop at any time during the survey. Students’ were also offered debriefing

instructions at the end of the survey. They were provided with contact information to call if

they may have been triggered by any questions from the survey as well as post-secondary

helping and counselling services information. The results of the surveys were always in a

sealed envelope and the researchers’ possession from the day of completion. All surveys were

done anonymously and were placed in a labeled envelope which identified the groups as

justice or non-justice related. Some challenges we experienced from this research were:

· A smaller sample size of male participants

· Male participants bias towards a criminal defence in favor of women

· Time limitations (we have a limited amount of time that may affect the

amount of data we collect)

· Student’s unwillingness to participate in the study because of their personal

feelings or beliefs

· A great number of students were just not interested in completing the survey

at all because they considered it a waste of time.

Limitations and Recommendations for Future Research

The fact that most of the participants in this study were college students and have adequate

knowledge regarding criminal legal issues due to their presence in the Criminal Law course

suggests that the results may be highly relevant to how decisions to prosecute are made

within the Canadian criminal justice system. Although law students have not yet joined the

workforce as part of the decision-making body, their judgments were made with limited

information about battered women or self-defence cases. Therefore, it is necessary to learn if

legal practice in general, or particular practice with battered women in situations where

self-defense allegations are made, will result in different results than the findings of this

exploratory research. Essentially the answer to the question will be, will more information

and/or expertise have a larger cushion to accept extraneous external variables? A prospective

research review contrasting the standard approach of law students to these cases with that of

prosecutors does not, however, predetermine the possible path or importance if discrepancies

are found because selective expectations could stiffen pre-existing opinions rather than actual

legal knowledge by pushing prosecutors to accept individual merit cases.

While the decision to prosecute battered women in homicide cases varies across the board,

what is unknown is whether law enforcers and grand jury members share similar views

towards battered women and their legal cases. Over the years there has been an increase in

awareness for legal professionals regarding women’s issues, for example, rape cases and

battered women, which if they were exposed to such training could foresee specific responses

to battered women murder cases by grand jury members and likely law enforcement officers.

Potential work needs to use the breadth of these methodologies for these different

decision-makers to assess if lawyers, law enforcement agents, grand jury members, and

judges had common experiences in these cases.

This study will determine whether participants have undergone any training on women's

issues, whether they have undergone particular training on battered women, and the amount

of training they have gained. Such data will need to be included as covariates in the statistical

evaluation of the decision to prosecute using the types of methodologies used in this report.

Making decisions on the prosecution of battered women is, undeniably, a complicated

process. An important move forward in this future work will be to establish how prosecution

decisions are taken when several factors are involved, and which factors are most predictive

of final decisions. Vignette studies representing complex situations for battered women's

cases that include various factors in self-defence, guilt/innocence, the background of

battering women, and extraneous additional variables will be useful for determining the most

predictive factors.

Further study relating to the structure of flexible decision-making related to battered women’s

homicide Situations are likely to sensitize and promote greater responsibility for awareness of

the effects on certain decisions regarding the complexities of decision taking in such

situations. Indeed, if research on women's issues had an effect on the actions made by

prosecutors in the case of battered women's homicide, this result would have consequences

for the development and assessment of such training programs. Defense lawyers will need to

be mindful of research findings of this sort in order to pre-empt decision-making that could

result from discrimination against battered women. This line of work can also promote the

review of further disciplinary actions in the criminal justice system beyond that Such specific

cases highlight this discretionary mechanism and can have an impact.