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A Matter Of Evidence Or Of Law? Battered Women Claiming Self-Defense In California, Rachel A. Van Cleave Jan 1994

A Matter Of Evidence Or Of Law? Battered Women Claiming Self-Defense In California, Rachel A. Van Cleave

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This essay examines the obstacles battered women face in the form of evidentiary rules and in the definitions of certain elements of self-defense, focusing specifically on the appellate court opinion in Aris. The essay then evaluates existing and pending legislation in California which has sought to undo the narrowing effected by Aris. Finally, the essay proposes statutory language which would be more effective in ensuring that battered women who kill their batterers in non-traditional confrontational situations may fully present their claims of self-defense. Where a defendant claims self-defense and presents evidence regarding the Battered Woman Syndrome ("BWS"), my …

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"Battered Woman Syndrome" As A Defense, Heather Zahn Jan 1994

"Battered Woman Syndrome" As A Defense, Heather Zahn

Brigham Young University Prelaw Review

Battered Woman Syndrome refers to "the unique physiological and behavioral reactions exhibition by a person living in a violent relationship." The reaction in self-defense, is sometimes deadly force or the use of a deadly weapon for which women are sent to prison.

This syndrome has become a serious issue in courtrooms across the nation. This Paper will address the issues involved in sentencing and trying women who kill their abusers.

Two main issues are involved, the use of expert witnesses in the courtroom and the definition of self-defense. Legislation is currently being passed to address these issues. This paper cites …

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Nonconfrontational Killings And The Appropriate Use Of Battered Child Syndrome Testimony: The Hazards Of Subjective Self-Defense And The Merits Of Partial Excuse, Lauren E. Goldman Jan 1994