Defending Battered Women on Trial


Book Description

In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of “battered woman syndrome” was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the legal response to battered women who killed their partners in the fifteen years since Lavallee. Elizabeth Sheehy uses trial transcripts and a case study approach to tell the stories of eleven women, ten of whom killed their partners. She looks at the barriers women face to “just leaving,” the various ways in which self-defence was argued in these cases, and which form of expert testimony was used to frame women’s experience of battering. Drawing upon a rich expanse of research from many disciplines, she highlights the limitations of the law of self-defence and the costs to women undergoing a murder trial. In a final chapter, she proposes numerous reforms. In Canada, a woman is killed every six days by her male partner, and about twelve women per year kill their male partners. By illuminating the cases of eleven women, this book highlights the barriers to leaving violent men and the practical and legal dilemmas that face battered women on trial for murder.




The Battered Woman Syndrome


Book Description

In this latest edition of her groundbreaking book, Dr. Lenore Walker has provided a thorough update to her original findings in the field of domestic abuse. Each chapter has been expanded to include new research. The volume contains the latest on the impact of exposure to violence on children, marital rape, child abuse, personality characteristics of different types of batterers, new psychotherapy models for batterers and their victims, and more. Walker also speaks out on her involvement in the O.J. Simpson trial as a defense witness and how he does not fit the empirical data known for domestic violence. This volume should be required reading for all professionals in the field of domestic abuse. For Further Information, Please Click Here!




Coercive Control


Book Description

Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.




Defending Battered Women on Trial


Book Description

In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.




Battered Women who Kill


Book Description




Defending Our Lives


Book Description

For battered women and the family and friends who want to help them—“a smart, step-by-step plan" (Susan Estrich, author of Real Rape). Thousands of women are abused, battered, stalked, and killed by their husbands, boyfriends, and partners every year. While the O.J. Simpson trial raised domestic abuse to the forefront of public consciousness, no one has offered women concrete advice on how to protect themselves and get safely away from their abusers. With detailed, practical information, Susan Murphy-Milano guides women through the process of protecting themselves from domestic violence and stalking. She explains what domestic violence is, how to deal with the police and enlist their help, how to make the decision to leave, what steps to take during the actual move, how to secure one’s home after leaving an abuser, how to navigate the legal system, how to ensure the safety of one’s children, and how to defend against stalking. Family and friends can be crucial in this process, and throughout the book Murphy-Milano suggests numerous ways in which they can help. Defending Our Lives is a much needed resource in the struggle of millions of women to protect themselves from domestic violence and stalking.




The Feminist War on Crime


Book Description

Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike. In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort.




When Battered Women Kill


Book Description

A compassionate look at 42 battered women who felt "locked in with danger and so desperate that they killed a man they loved"; scholarly and compelling.




Self-Defense and Battered Women Who Kill


Book Description

Battering relationships often escalate to a point where the battered woman commits homicide. When such homicides occur, attention is usually focused on the final violent encounter; however, Ogle and Jacobs argue, while that act is the last homicidal encounter, it is not the only one. This important study argues that the battering relationship is properly understood as a long-term homicidal process that, if played out to the point that contrition dissipates, is very likely to result in the death of one of the parties. In that context, Ogle and Jacobs posit a social interaction perspective for understanding the situational, cultural, social, and structural forces that work toward maintaining the battering relationship and escalating it to a homicidal end. This book details this theory and explains how to apply it in a trial setting. Elements of self-defense law are problematic for battered women who kill their abusers. These include imminence, reasonableness of the victim's perception of danger, and reasonableness of the victim's choice of lethal violence and their proportionality. Social interaction theory argues that, once contrition dissipates, imminence is constant. The victim functions in an unending state of extreme tension and fear. This allows us to understand the victim's view of the violence as escalating beyond control, thereby increasing her reasonable perception of danger and lethality. After social resources, for whatever reason, fail to end the violence, it is then reasonable for the victim to conclude that she will have to act in her own defense in order to survive.




Battered Women and Feminist Lawmaking


Book Description

Women’s rights advocates in the United States have long argued that violence against women denies women equality and citizenship, but it took a movement of feminist activists and lawyers, beginning in the late 1960s, to set about realizing this vision and transforming domestic violence from a private problem into a public harm. This important book examines the pathbreaking legal process that has brought the pervasiveness and severity of domestic violence to public attention and has led the United States Congress, the Supreme Court, and the United Nations to address the problem. Elizabeth Schneider has played a pioneering role in this process. From an insider’s perspective she explores how claims of rights for battered women have emerged from feminist activism, and she assesses the possibilities and limitations of feminist legal advocacy to improve battered women’s lives and transform law and culture. The book chronicles the struggle to incorporate feminist arguments into law, particularly in cases of battered women who kill their assailants and battered women who are mothers. With a broad perspective on feminist lawmaking as a vehicle of social change, Schneider examines subjects as wide-ranging as criminal prosecution of batterers, the civil rights remedy of the Violence Against Women Act of 1994, the O. J. Simpson trials, and a class on battered women and the law that she taught at Harvard Law School. Feminist lawmaking on woman abuse, Schneider argues, should reaffirm the historic vision of violence and gender equality that originally animated activist and legal work.