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Criminal Law

Journal Articles

1988

Battered women

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Defending Battered Women's Self-Defense Claims, Kit Kinports Jan 1988

Defending Battered Women's Self-Defense Claims, Kit Kinports

Journal Articles

This Article contends that many battered women who kill their abusive spouses can legitimately raise the standard self-defense claim. No substantial extension of self-defense doctrine is required to justify the acquittal of battered women on self-defense grounds. Furthermore, no special "battered women defense" is necessary or even desirable in such cases.

Part I of this Article summarizes the results of psychological research studying abused women and battering relationships. It further explains the concept of the :battered woman syndrome" which describes the effects of sustained physical and psychological abuse by one's husband. Part II discusses the requirements of a successful self-defense …