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Battered women syndrome Comparing and contrasting
Battered women syndrome Comparing and contrasting
Battered women syndrome Comparing and contrasting
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George Orwell said, “Of pain you could only wish one thing: that it should stop. Nothing in the world was so bad as physical pain. In the face of pain, there are no heroes.” Domestic abuse is a major issue in this country and world. However, the bigger issue is the long term effects any victim suffers from. Many persons suffer from an affliction known as Battered Person Syndrome. What is BPS? This condition is known today as, “a mental disorder that develops in victims of serious, longterm abuse” (citation #1). A battered person is very fragile. They are taught by their abusers that the offense being done to them is deserved. As if it is their own fault. Now, when someone suffering from BPS is still in an abusive relationship, and are put in …show more content…
The injustice of abuse is all the more destructive when society punishes any victim out of ignorance and lack of knowledge. No one can fathom the torture that battered people have been through, and not to mention, have to suffer the effects of. Defenses of necessity, like self-defense, are based on the assumption that a person should not be punished for being in an impossible situation. Which is the exact opposite of what happened to Gaile Owens (citation #7). Gaile was a victim of domestic abuse from her husband. She hired someone to kill her husband because she could not bear to face him, or let her children know what kind of abuse he put her through. She was too afraid. However, the court would not accept that she was a victim of domestic violence, so she went to jail and was on and off death row for 20 years before they accepted the evidence of abuse. All Gaile wanted to do was protect the lives of her children and herself. Society can not be close-minded when it comes to situations like these. Situations compel actions. In violent relationships, the martyrs act the way they do, to defend themselves. The punishment they deserve is nothing, because have the not already suffered
Therefore, this case plays on the idea that, when an individual feels his or her life to be in danger, self-defence is accurate. In the case of Ms. Lavallee, both reasonableness and ethics were questioned. Since Ms. Lavallee is a victim of battered woman syndrome, when she pulls the trigger at that life-threatening moment, cannot be understood except in terms of the cumulative effect of months or years of being brutally abused. Overall, this case is an exceptional example of how self-defence comes to play within the criminal justice system. It is important for the law to revaluate cases for a better understanding of the balance of inclination over pain. For instance, although Lavallee was thinking that her life was in danger with action she committed, there is reason and story behind her crime. When the case is viewed from this perspective, it becomes clear that the battered woman’s knowledge of her partner’s violence was so profound that she knows the extent and nature of the violence beforehand, which allowed her to determine that this time it was different, and would probably result in life threatening
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
During this time, Marica could have been under the protection of the police through a witness program or a shelter for women who are abused. She could have also left to stay with her family.
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.
Domestic Violence is a widely recognized issue here in the United States. Though many people are familiar with domestic violence, there are still many facts that people do not understand. Abuse is not just physical, it is mental, emotional, verbal, sexual and financial. Many victims of physical abuse are also fall victim to these abuse tactics as well. An abusive partner often uses verbal, mental, emotional, and financial abuse to break their partner so to speak. It is through this type of abuse the victim often feels as though they are not adequately meeting their partner’s needs.
While there is no official agreement that battered women’s action of killing their abusers should be justified, people need to understand that battered women are in different positions with relation to justice than defendants in general cases of homicide. Perhaps, victim advocates, the judge, attorneys, psychologists/psychiatrists, and social workers from women’s shelters should consider alternative approaches, such as creating a more comprehensive system to review and assess past cases where battered women have been convicted of killing their abusers from a legal, medical, and psychological perspective. Although it may not be practical to alter the law, it is possible to amend the legal system to support those battered women who deserve more freedom from their abuse with fair judgments.
Although domestic violence is a significant societal problem, which continues to receive public and private sector attention, intervention and treatment programs have proven inconsistent in their success. Statistics by various organization show that many offenders continue to abuse their victims. Approximately 32% of battered women are victimized again, 47% of men who abuse their wives do so at least three times per year (MCFBW). There are many varying fact...
To discuss the role of the battered women’s syndrome in relation to how characteristics of a victim affect legal decision-making it is important to define what battered women’s syndrome is. Battered women’s syndrome is the array of physical and psychological injuries exhibited by women who have been beaten repeatedly or otherwise abused by their partners or spouses (Dutton & Painter, 1993). More specifically women feel helpless or a lack of control and do not leave their abusive partner. According to Russell, Ragatz, and Kraus (2012) Lenore Walker (1984) theorized that battered women experience a three-phase cycle of abuse through learned helplessness: 1) the tension building up to the abuse, 2) acute battering and abuse escalation, and 3) remorse for the violence exhibited by the abuser toward the victim. She argued that battered women believe that the abuse they withstand was their fault, and as a result, stay in the relationship.
The purpose of this research paper is to prove that criminal law in America has failed to provide a defense that adequately protects women suffering from Battered Women's Syndrome. Battered Women's Syndrome, or BWS, is a very complex psychological problem facing criminal courts today and has caused great debate on whether or not it should even be allowed in the courtroom. Although the syndrome has been given more consideration as a warranted issue by society, those who create our laws and control our courtrooms, have not developed a defense that sufficiently protects these women. United States courtrooms, instead of protecting battered women, have put these women on trial and found them guilty of murder.
The Battered Woman Syndrome (BWM) is a syndrome whereas women react in a certain manner because of repetitively physical or psychological abused imposed on them by their mates. The Battered Woman Syndrome (BMW) is not limited in one area or location it is a problem that is occurring all over in the world (2009, pg. 148). Like every other issue in the world criticism come into play by psychologists and others when someone claims that they are victims of the Battered Woman Syndrome or the Battered Woman Defense when they are taken to trial for killing their batterers (BMW) (2009, pgs. 162-163).
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.
Battered Woman Syndrome In Robert Agnew's general strain theory, he talks about how strain and stress could cause an individual to commit crimes that they wouldn't have committed without those circumstances. In his theory, he refers to negative affective states, which are the "anger, frustration, and adverse emotions that emerge in the wake of destructive social relationships". It is these negative affective states that are produced by strain.
Each year approximately 4.8 million acts of physical or sexual aggression are perpetrated against women while 2.9 million physically aggressive acts are perpetrated against men within the United States (Edleson, Ellerton, Seagren, Kirchberg, Schmidt & Ambrose, 2007). Many of these incidents take place in the presences of children, which make these figures even more disturbing (Evans, Davies & DiLillo, 2008). Research indicates that 40.2% of United States battered women responding in national surveys state that their children have witnessed one or more abusive events (Edleson et al., 2007). Overall 66% of research samples regarding childhood exposure to domestic violence reported to having direct exposure to the abuse (Barnett, Miller-Perrin & Perrin, 2011).
Domestic abuse, also known as domestic violence, can occur between two people in an intimate relationship. The abuser is not always the man; it can also be the woman. Domestic abuse can happen between a woman and a man, a man and a man, or a woman and a woman. Domestic abuse shows no preference. If one partner feels abusive, it does not matter their sexual orientation, eventually the actions they are feeling will come out towards their partner.
Domestic violence is a devastating social problem that impacts every sector of our population. Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner(USDOJ,2012). Domestic violence can be physical, economic, emotional, sexual, or psychological. Physical domestic violence is an attempt to impose physical injury such as grabbing, slapping, hitting, biting, etc. Physical violence can also be withholding necessary resources to sustain health such as medication, food, sleep, or forcing alcohol or other drug use. Economic abuse is an attempt to make the victim financially dependent. Such as sustaining control over financial resources including the victims earned income, forbidding employment, on the job harassment, or withholding information about family expenses. Emotional abuse can be the attempt to undermine the victims self worth. This could be belittling the victim, name calling, insults, criticism, manipulating, etc. Sexual abuse is any sexual contact without consent. For example, marital rape, attacks on sexual parts of the body, forced sex, forced prostitution. Sexual abuse can also be an attempt to undermine the victims sexuality by treating them in a derogatory manner, criticizing sexual performance, or withholding sex. Psychological abuse is the attempt to implant fear. This could involve intimidation, threats of physical harm, harassment, mind games, and stalking. Psychological abuse can also be an attempt to isolate victim from friends and family member. Abusers can go so far as withholding access to a telephone, transportation, constant check ups, forced imprisonment, and undermining personal relationships. Dome...