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Stand Your Ground for Battered Women’s Syndrome Case: Annotated Bibliography

Stand Your Ground for Battered Women’s Syndrome Case: Annotated Bibliography

Monique Brown

Walden University

July 09, 2022

Boxall, H., Dowling, C., & Morgan, A. (2020). Female perpetrated domestic violence: Prevalence of self-defensive and retaliatory violence. Trends and Issues in Crime and Criminal Justice.

This article outlines the ratio of men vs women identified in domestic violence crimes. The article further explores that women who engage in domestic violence acts actions were preceded due to abusive or bodily harm threats gestured by their male partners, and/or were previous victims or domestic violence. The article further outline that 109 out 125 women interviewed were sentenced to 15 years to life due to retaliatory violence against their partner.

Griner, A. (2021). She Killed her ex-husband in self-defense. Can she now find peace? The Guardian.

This article discusses the theory of expert testimony, evidence, and self-defense and how presented to the criminal justice system could save women from being convicted of murder. The article discusses how a woman was abused for years, and who left her abuser, but only to later be re-abused by him and murdered him, in self-defense and won with a verdict of non-guilty. The article further shows if and when self-defense is presented to the criminal justice system in a way of being a justified provision for battered women.

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Holliday JR, McNiel DE, Morris NP, Faigman DL, Binder RL (2022). The Use of Battered Woman Syndrome in U.S. Criminal Courts. The Journal of the American Academy of Psychiatry and the Law.

This article outlines expert testimony on battered women’s syndrome, so that all key parties of the criminal justice system, can see through the eyes of the battered woman, and not see her abuse as a family squabble, and re-victimizing these women by sentencing them for defending themselves and their children. The experts further educate the criminal justice system on how women’s abuse affects their perception when they act in self-defense which often leads to severe bodily harm and even death to their perpetrator.

Holloway, C. P., & Wiener, R. L. (2018). Abuse history and culpability judgments: Implications for battered spouse syndrome. Psychology, Public Policy, and Law, 24(3), 279–291.

This article researches how female abuse victims commit their acts of violence against their abuse victims during the confrontational stage or non-confrontational stage (sleeping), the research found that women were less likely to be sentenced during the non-confrontational stage. During this article, the authors are seeking to find more logical and strategic methods to deliver evidence on the abuse history of the victims in a way that the information is not perceived in a judgmental way and appropriate consideration is taken to eliminate the erroneous application of the self-defense theory in these women trials.

Knapp, D. R. (2019). Fanning the Flames: Gaslighting as a Tactic of Psychological Abuse and Criminal Prosecution. Albany Law Review, 83(1), 313–337.

This article reveals that female domestic violence victims had higher conviction rates and longer sentences than perpetrators who were charged and convicted of homicide, even those with previous criminal histories. The study found that a white female with no prior criminal history convicted of murder was more than likely to be sentenced to 10 to 30 years compared to that same woman who was a victim of domestic violence, the study found her sentence could increase to life in prison.

References:

Boxall, H., Dowling, C., & Morgan, A. (2020). Female perpetrated domestic violence: Prevalence of self-defensive and retaliatory violence. Trends and Issues in Crime and Criminal Justice.

Griner, A. (2021). She Killed her ex-husband in self-defense. Can she now find peace? The Guardian.

Holliday JR, McNiel DE, Morris NP, Faigman DL, Binder RL (2022). The Use of Battered Woman Syndrome in U.S. Criminal Courts. The Journal of the American Academy of Psychiatry and the Law.

Holloway, C. P., & Wiener, R. L. (2018). Abuse history and culpability judgments: Implications for battered spouse syndrome. Psychology, Public Policy, and Law, 24(3), 279–291.

Knapp, D. R. (2019). Fanning the Flames: Gaslighting as a Tactic of Psychological Abuse and Criminal Prosecution. Albany Law Review, 83(1), 313–337.