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Traits of battered woman syndrome
Traits of battered woman syndrome
Criticisms of battered woman syndrome
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Introduction Battered woman syndrome (BWS) is a phenomenon where a victim of domestic violence ends up killing their abusive partner, usually when they are in a docile state such as being asleep. This syndrome has explained the psychology of an abuse victim and why they do what they do and when. This is a defense a lot of women used in court who are getting charged for killing their abuser. At times, this defense seems to work, letting the victim off without any charges. Unfortunately, there are several cases where women have not been lucky as the prosecution resorts to victim blaming in hopes to disprove that the woman has the syndrome. Examples of victim blaming include claiming that the woman in question could have left the relationship …show more content…
When BWS cases are compared to stand your ground cases the differences are alarming. Both defenses claim to have an element of self-defense. Stand your ground is used as a defense when someone feels threatened and BWS is also used as a defense for killing someone who caused them harm even though violence may not be present at that moment in time. One study compared a case of stand your ground and a domestic violence case where the abuser killed her sleeping husband. In the stand your ground case a man shot and killed four young black men on a train when they asked the man (Goetz) to give them a dollar (Franks, 2014). The men were not armed and Goetz, who killed the men with an unregistered gun, ran away after making the kills (Franks, 2014). Goetz showed no remorse in court for the killings and claimed he did what he needed to do and claimed he got the gun after an incident of being robbed years back (Franks, 2014). Goetz claimed that he felt threatened by the young men even though he claimed to know they were unarmed and due to a past incident of being robbed he was in his rights to use force. Goetz was only found guilty for carrying an unregistered handgun and was found innocent for manslaughter stating that he was in his rights to shoot these men (Franks, …show more content…
In order to be believable in your story of abuse the court is basically telling women that they need to docile at all times and almost subservient to their abusers. If they do something for themselves to help them in a difficult time it can be twisted by the courts as a woman not showing the “symptoms” to have BWS. In another case a woman’s professional life was under scrutiny because she was assertive and tended to have a strong personality around the workplace (Ferraro, 2003). Having this personality was used against the woman in trial because the court claimed that she showed no signs of learned helplessness in her life outside of the relationship (Ferraro, 2003). This is an example of blaming the victim for trying to live a successful life outside of the relationship and support herself financially. Due to this verdict the court is indirectly telling victims of abuse that their abuse basically needs to cause impairment in their functioning in day to day life in order for their claims to be valid. This contradicts the previous arguments that the victim did nothing to try and leave the toxic environment made by the courts. There does not seem to be a sure way for a victim to show that she was in an abusive relationship in the court of law without being questioned for every
First I would like to address the definition of Battered Woman Syndrome. Battered Woman Syndrome (BWS) is a condition often used by the defense in cases like this one to relieve the defendant of some or
Battered women constitute one of the most marginalized groupings in the social order. Their relationship incidents occasionally put these individuals into disagreement with the law, particularly when they murder their violent partners. The Battered woman syndrome (BWS) was created by clinical psychologist (1970’s) with an intention of depicting the series of occurrences that physically abused women frequently experience in their relationships.
For example, in Jacksonville, Florida, Jordan Davis, another unarmed teenager was killed by Michael Dunn. Davis and other teenagers were riding in a SUV with music blasting from the vehicle, when Dunn pulled up alongside of them and asked them to turn the music down . Words was exchanging between the two parties, and Dunn fired 8 to 9 shots into the SUV where he fatally shot Davis. Dunn was arrested and charged with first degree murder. Dunn claimed he fired in self-defense and invoked the “Stand Your Ground law” as his defense. ...
The question raised in the Hawthorne v. State amicus was related to the expert testimony of Dr. Lenore E. Walker, a Clinical Psychologist with extensive involvement in the study and research of “battered woman syndrome.” Amicus indicated Dr. Walker’s testimony would provide the Trier of facts with expert opinion on a battered woman’s belief that resorting to the use of deadly force against her husband was required, if the woman had perceived imminent death or bodily hard to herself and/or her children. Dr. Walker would clarify battered woman’s syndrome to the jury including clarifying all the relevant stages, cycles of violence, symptoms and reasons why women choose to stay with the abuser.
Imagine that your daughter is walking home from the store. A man in a black car starts following her. He gets out and begins to follow her by foot. You daughter begins to run in fear. The suspicious character begins running after her. She stops and decides to face her fear. She knees him and pepper sprays him. Seconds later, shots were fired leaving your daughter dead. She is the aggressor and he is justified for shooting her in “self-defense” under the stand your ground law. The stand-your-ground law is a law that states that an individual has the lawful right to use any level of forces, including lethal force, if they are faced in any situation where they feel harmed. The first “stand your ground” law was passed in April of 2005 in Florida.WHile the “Stand Your Ground” law can be used as self defense, it puts the lives of African American youth in danger by allowing people to take unfair advantage of the law: therefore, O.C.G.A 16-3-23.1 should be prohibited.
This case, among many others have caused our legal system to decide whose rights should be upheld, the victims or the aggressors? In this paper the history of self-defense laws, psychological benefits, and societal benefits will be discussed. Ultimately, the evidence shown throughout this essay will prove the absolute necessity of self-defense and Stand Your Ground laws. Not only does Stand Your Ground shift the focus of criminal law from victim to perpetrator (as it should be), our right to self-defense is written in the Constitution, and studies have shown that Stand Your Ground deters criminal behavior. (Holliday, 2012) Although some find Stand Your Ground as an open door for racial biases in criminal proceedings, the studies that prove that statement to be true are not taking into account the background and environment that the crimes occur in, simply looking at race and not any other factor of the case is not enough to prove a racial
There are many cases where self- defense has been used as a plea where the victim felt they were in harms’ way or unable to escape a specific situation that ended badly. The definition for self- defense is: 1. Defense of oneself when physically attacked 2. Defense of what belongs to oneself, as ones work or reputation 3. (Law) the right to protect oneself against violence or threatened violence with whatever force or means reasonable or necessary. According to an expert on battered women, a woman must experience at least two complete battering cycles before being labeled a battered woman. (Walker) According to Dowd, “he believes the proper use of BWS assists the fact finder to understand the state of mind of the battered woman at the time she fought back against her abuser.”(1) Women should be able to use BWS as a plea when habitual abuse occurs within a relationship with a significant other and results in violence or worse death.
In her 1979 book "The Battered Woman", Dr. Lenore Walker first came up with what is now known as battered woman syndrome. Put simply, battered woman syndrome, or BWS as it is sometimes called, is a group of psychological symptoms that are easily recognized in women who have been physically, sexually, or psychologically assaulted by their domestic partner. According to Dr. Walker, "Battered woman syndrome presents evidence that the syndrome is part of a recognizable pattern of psychological symptoms called post-traumatic stress disorder (PTSD) reported to be produced by repeated exposure to trauma such as the physical, sexual, and/or serious psychological assault experienced by battered women" (Gelles 133). Because battered woman syndrome is considered to be in the same category as PTSD, it does not have its own classification in the Diagnostic and Statistical Manual of Mental Disorders third edition, also known as the DSM-III.
The Stand Your Ground Law is a highly debated, as well as controversial topic. The Stand Your Ground Law is law that admits an individual to stand their ground instead of retreating if they reasonably believe doing so is necessary to “prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.” (Sullivan 2013) Many people agree with the law because they feel they have the right to be able to protect themselves. On the other hand, many people feel the Stand Your Ground Law is only a way to kill and get away with it. Do you know which side you are on when it comes to this particular issue? In this essay, I will address and discuss both pros and cons on the Stand Your Ground Law topic. These pros and cons will lead to the conclusion that no matter what side you are on about these laws, they need advised.
...ated in the previous cases that were brought to your attention each case was claimed to be self-defense. When in all reality there was clear evidence that the accused had enough time to think about the situation and pursue the victim. Stand Your Ground laws are not fair in any kind of way. Though the constitution gives rights to self-defense and to bear arms, it gives no right to kill another person with a premeditated cause or malicious intent. With the stand your ground law racial differences, the way someone looks, or even a person’s sexual orientation will become a problem. A person may not like the way another person looks, sounds, or looks at another individual and kill that person and claim stand your ground as a cause for killing that individual. What would your opinion be if you were present the opportunity to be for the stand your ground law or against it.
“Stand Your Ground” laws were made to protect individuals and their communities by giving them the right to bear arms. People in favor of keeping the laws help reduce crime, while individuals against these laws think that the laws should be removed because they actually do the opposite of the law’s intended purpose. The “Stand Your Ground” laws should not be implemented because they harm and individual’s attempt to be responsible for his or her community because the laws can be used as an excuse for people to commit a gun-related crime, plus racism is still an issue.
The out come of most cases when they go to court the burden falls on the court to disprove self-defense and not really on the defendants to prove that they acted legitimately. Several high profile cases has overwhelmed that conception that stand your ground law is anything but flawless if anything it has been brought up more reasons why such law needs to be re-evaluated and changed. For an example of a poor assumption of stand your ground law is the Zimmerman and Martin case in Florida where Zimmerman a neighborhood watch was told to stand down and he ended up killing him because he looked suspicious was found not guilty. An African American woman who was being abused by her husband shot in the air killing no one was found guilty for shooting to protect her-self shows that there are many flaws with the stand your ground laws that are not right. Another case of stand your ground the Jodi Arias who was convicted of stabbing her boyfriend Travis Alexander twenty-seven and slashing his throat and shooting him in the head, how does this law fit into this crime? How can one be allowed to claim such a defense, I would think that there lawyer should not be allowed to let there clients use that
America is a nation of predators. When males young and old are hunted, attacked, and slain without being verified as guilty. Would I be incorrect to say that this country was founded on freedom and justice for all citizens? The stand your ground law has emerged in this country to give wanted protection to its people. This is what the people were permitted to believe. As the truth hit close to home we realize that something is not right with this laws. As we witch the scenes unfold the African Americans are the race that is being targeted by the abuse of the stand your ground law. Those that stand in a position to abuse this law is the shooters, usually a police, security guard, or neighborhood watch officer. Others that allow the abuse of this law are judges, and juries. This law can also be abuse by insufficient education of the stand your ground law towards the police, security guard, neighborhood, watch officer, judges, and juries. There are several effects on the stand your ground law.
These cases have brought much attention to the “stand your ground” laws, and have fueled the national debate about whether or not these laws actually protect people from serious harm, or lead to more shootings and shooting deaths. One of the most famous cases is that of the shooting death of Trayvon Martin, an unarmed black teenager who was walking down a residential street in Florida when he was shot by George Zimmerman, who called 911 to report a “suspicious person,” and then got out of his car to confront Martin himself. Zimmerman claimed that the teenager attacked him and that he shot Martin in self-defense, and was acquitted of any wrongdoing by a jury. Another case reported by Lee is that of 29-year-old Daniel Adkins, a mentally challenged man who walked in front of Cordell Jude’s car as he pulled into the drive through at a Taco Bell in Arizona and waved a dog leash, which Jude mistook for a metal pipe, in the air. Jude shot and killed Adkins, but was not charged with a crime under Arizona’s “stand your ground” laws. According to one Florida attorney interviewed by the Tampa Bay Times, the “stand your ground” defense has also been claimed by a gang members who partook in a public shootout with a rival gang; because he could prove that he was in danger, he faced no charges for his role in the shootout (Montgomery and Jenkins). In response to these and many similar cases, 11 states have since revised their own “stand your ground” laws to address concerns about increased shootings under the law (“Shoot First - ‘Stand Your Ground Laws”
The Stand Your Ground laws seem to only apply when the targets are people of color. This law makes things complicated when you are back and own a gun. A white person in America is more like to have no legal consequences for killing a black person. “In almost 17 percent of cases when a black man was killed by a non-Hispanic white civilian over the last three decades, the killing was categorized as justifiable, which is the term used when a police officer or a civilian kill someone committing a crime or in self-defense. Overall, the police classify fewer than 2 percent of homicides committed by civilians as justifiable.” (Killing of Black Men by Whites are Far More Likely to be Ruled "Justifiable", 2017). Normal people get to make the decisions