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Criminal Law

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Golden Gate University School of Law

2010

Abused women

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Reforms To Criminal Defense Instructions: New Patterned Jury Instructions Which Account For The Experience Of The Battered Woman Who Kills Her Battering Mate, Deborrah Ann Klis Sep 2010

Reforms To Criminal Defense Instructions: New Patterned Jury Instructions Which Account For The Experience Of The Battered Woman Who Kills Her Battering Mate, Deborrah Ann Klis

Golden Gate University Law Review

This comment uses the plight of Brenda Denise Aris to illustrate the criminal defenses available to a battered woman who kills her aggressor. Since the 1989 decision in Aris, California Governor Pete Wilson granted executive clemency to Aris. Governor Wilson reduced Aris' fifteen years to life sentence to twelve years to life. Another significant event since the decision in Aris is the passage of California Assembly Bill 785 in 1991. The Bill added Section 1107 to the California Evidence Code, which permits expert testimony regarding battered woman syndrome. The testimony may include expert opinion concerning the physical, emotional, or mental …


Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker Sep 2010

Deaf Justice?: Battered Women Unjustly Imprisoned Prior To The Enactment Of Evidence Code Section 1107, Scott G. Baker

Golden Gate University Law Review

On March 5, 1993, Assembly Bill 2295 (hereinafter AB 2295) was introduced by Assembly Member Barbara Friedman. On October 11, 1993, the Governor of the State of California vetoed AB 2295. Assembly Bill 2295 was designed to provide a fair and even application of the law to those individuals affected by the issue of battered woman syndrome (hereinafter BWS). Battered women charged with criminal activity after January 1, 1992 are permitted to present battered woman syndrome expert testimony at their trials pursuant to Evidence Code Section 1107.8 Battered women convicted prior to this date remain unjustly imprisoned because they have …