Batterd Woman’s Syndrome

Shrouded in myth, distortions and grotesque stereo sheaths the existence profile of a knock about cleaning lady who kills her mention partner is a misunderstood phenomenon. Throughout the course of annals women were viewed as property, powerless victims of a patriarchal social political and sound system. Family television programs in the 1950s satirized while minimizing aspects of spousal abuse.Comedian Jackie Gleason portrayed the pricey character Ralph Cram gain and memorialized the prime time phrase while chastising his small filmdom wife. To the moon with you Alice, red-faced and frantically waving a balled up clenched fist at the now passive Alice.The scene was punctuated with the live audience noise with laughter at the comedians folly. Acts of partner emphasis were perpetrate behind closed doors in the family home. The criminal justice system offered work vindication to victims of spousal abuse. Assaults committed behind closed doors went unreported viewed as privat e family matters. The criminal justice system could offer no certificate to victims of spousal abuse. On the contrary victims of domestic strength were shunned and shamed into trauma in business and collective silence.Those bold enough to ask for protection from abuse were turned onward if not legally married to their abuser. However, the pleas of uncounted nameless faceless victims of domestic violence were honored with the unyielding consignment of grassroots advocates in the 1970s and 1980s. Dr Lenore footer, a renowned forensic psychologist, womens rightist and researcher established the concept of strike muliebrityhoods Syndrome (BWS) fit in to Walker, the rubric of BWS consists of two co-existing elements The cycle of domestic violence and classic symptoms of knowing helplessness (Walker1984).Walkers concept of beaten-up Womans Syndrome emerged as a comp geniusnt in legal defenses, when beaten-up women killed in ego defense(Walker 2004). According to Walker BWS describes a pattern of mental and behavioural symptoms found in women in battering relationshipsBalkin(2005). knock about Womans Syndrome is not a authorize legal defense. However, it is recognise as, part of the t to each oneing of self-defense so as to establish the belief of the woman that she was in danger of death or bodily injury( subject field Clearinghouse for the defensive structure of knock about Women (2006).According to beaten-up Womans Syndrome attorney, Mira Mihajiovich, testimony concerning BWS is used to support a battered womans self-defense claim, not to explain away her actions or give her a special defense that would allow her to bring down her tormentor at her own discretion(Balkin 2005). At the heart of the Battered Womans Syndrome phenomenon is desperation and gut wrenching terror. To fully dig up BWS one must embrace the framework and emotionally charged kinetics associated with chronic abuse and spousal battering.Domestic violence is describe d by the issue Center for Victims of Crimes as, the volitionful intimidation, assault, battery, sexual assault or other ignominious behaviors perpuiated by an intimate partner against another(Domestic force Facts National collation against Domestic Violence 2001). Although the concept of Battered Womans Syndrome emerged in the 1970s the U. S. legal system was slow to accept BWS as a factor in the self defense pleas of battered women accused of murdering their batterers(Balkin 2005).Prior to the youthful 1980s an abused womans psychological posit and the barbarousness and violence she suffered at the hands of her batterer could not be used at her trial(Balkin 2005). However, with public education and exposure to domestic abuse the rays of reason expanded into the wooden paneled courtrooms nationwide. In Robinson v. bring up the Court examined the merits of the Battered Spouse Syndrome in relation to the specific elements of self defense in a homicide case.The Court found th e unique perceptions of a defendant hapless from battered womans syndrome are generally congruous with the law of the State regarding self-defense(Robinson v State 308 S. C. 74, 417 S. E. 2d 88(1992). Battered Womans Syndrome has appeared as a component of the criminal trial process since the late 1970s. affidavit presented by brights in the field must be qualified by the Court onward offering testify on the role the syndrome vie in the homicide. The landmark case that opened the door for the use of Battered Womans Syndrome (BWS) was State of Oregon v.Kelly (1985). The Court concluded in State v Kelly that, BWS is admissible to aid juries in assessing a defendants perception of danger comprise by the abuser(State v Kelly (1985). The 4th Circuit Court of Appeals for southwest Carolina Courts reasoning in Grubb v State was compatible with South Carolinas Annotated Code 17-23-170(2001) which governs the admissibility of expert testimony of the battered first mate syndrome(Gru bb v State 2003). Battered Womans Syndrome was first know in South Carolina when the S. C.Supreme Court in State v. Hill, 287 S. C. 398, 339 S. E. 2d 121(1986) held, that expert testimony about battered better half syndrome is admissible to establish a claim of self-defense in a homicide case. The Court further recognized that an, emerging trend in other jurisdictions that find the testimony is germane(predicate) to the issue of self-defense and highly probative of the defendants state of mind at the time of the incident (Id. At 400,339 S. E. 2d at 122). The Court echoed the Grubbs decision in Robinson v State 308 S.C. 74, 417 S. E. 2d 88(1992) examining the battered spouse syndrome in relation to the specific elements of self-defense in a homicide case. The Court found the unique perceptions of a defendant suffering from battered womans syndrome are generally compatible with the law of this State regarding self-defense( Id at 78,417 S. E. 2d at 91). It was judicial decisions s uch as these that established battered womans syndrome as a sanctioned legal premise. The South Carolina Court in Robinson v. State concludedOur rendition of the relationship between the battered womans syndrome and self-defense is cursory, at best, and should not be construed as this Courts last vocalise on the subject. Our law will continue to evolve as the scientific communitys understanding of the battered womans syndrome develops and edicts comprehension of the specify becomes more sophisticated (Robinson v. State Id at 80,417 S. E. 2d at 92(1992). Bolstering this trend setting precedent was found in Section 17-23-170 of the South Carolina Code governing the admissibility of expert testimony on battered womans syndrome states(A) Evidence that the actor was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actor lawfully acted in self-defense, defense of another, defense of necessity, or defense of duress. This section does not preclude the admission of testimony on battered spouse syndrome in other criminal actions S. C. Code Ann. & 17-23-170 (Supp. 2001). Although bully strides have been forged in the judicial arena a commonplace acceptance of the validity and application of BWS in spousal homicide cases does not exist.The fifth Circuit Court of Appeals in Texas argued in Dixon v. U. S. expert testimony on BWS was inherently subjective, and inadmissible to prove duress (Dixon v. U. S. 413 F. 3d 520 5th Cir. 2005). recommendation on BWS is recognized in 31 states giving rise to the plight as to wherefore some jurisdictions embrace the concept while others criticize it. Theres a lot of skepticism with any type of psychiatric testimony and some Courts are dubious that mental disorders and or emotional disorders are justifications for committing a crime Walker (20060.Some in the field raise concerns that widespread acceptance of BWS may legislate to an increase in false or exaggerated abuse claims (Dixon (2006). galore(postnominal) months after killing her save, a woman may lie to an evaluating psychologist before trial, faking symptoms like depression and anxiety (Dixon 2006). Domestic Violence and Battered Womans Syndrome Facts 1. In 2000, an intimate partner killed 1,247 women and 440 men U. S Dept of jurist (2005). In 1999, 74%or 1,218 or the 1,642 persons murdered by an intimate partner were fe antheral (Rennison, U. S.Dept of Justice, Bureau of Statistics, Intimate Partner Violence and mount of Victim. 1993-99, (2001). 3. The concept of the battered womans syndrome was developed in reaction to the misapplication of the self-defense doctrine to battered woman when they kill their spouse (Schneider (2000) Elizabeth, Battered Women and Feminist legislating 117,135(2000). The United States Supreme Court has observe that almost four million women are the victims of severe assaults by their manly partners every year. Thirty percent of female homicide victims are killed by their male partners (Planned Parenthood vs.Casey, 112 S. Ct. 2791, 2826-2831 (1992). Each year, 2,000-4,000 women in the U. S. are murdered by ignominious partners or ex-partners (American Bar Association, American Bar Association Commission on Domestic Violence, American Bar Association). Battered Womans Syndrome falls under what the American Psychological Association defines as Post Traumatic Stress rowdyism, earlier than a mental illness (National Center for Post-Traumatic Street Disorder, What is Posttraumatic Stress Disorder? U. S. Department of Veterans Affairs, 22 Feb. 2006).Outsiders frequently are puzzled. If things are so bad, wherefore do women mollify? Why do they kill? Why dont they just leave? If a woman is being abused, why doesnt she just pack her bags and get out. Those familiar with BWS and barriers plaguing victims of domestic violence encourage a greater empathy and understanding as to what motivates battered women to stay in abusive relationships . The Court in the People v. Aris, 215 Cal App 3d 1194, 264 Cal Rptr 167, 178 (1989) held that, battered women tend to stay in abusive relationships for a number of reasons. The battered woman believes the violence is her fault, she has an inability to place the responsibility for the violence elsewhere. She fears for her liveliness and or her childrens lives (Walker 2003). Many BWS victims experience learned helplessness, a condition brought about by the battered womans futile get down to protect herself from her abuser(Walker 2003). Battered women assume the burden for making the man and wife work. Fears of economic insufficiency, scant job skills, galore(postnominal) women feel trapped erroneously believing they would be at greater risk to leave.Thus it has been said the cycle-of-violence and passiveness reinforces the perception of helplessness. Overtime, womens ability to rationally evaluate the situation develop around becomes distorted. In the Matter of Glen G. and Jos ephine G. , 587 NYS 2d 464, 469 (1992) the concept of battered womans syndrome was described as a breaking down of a womans self confidence and self respect to a point where she no longer knows if she is crazy or not. In recent years in that respect has been a consorted effort to inform and educate the Courts on the complexities and cycles associated with domestic violence and battered women.In order for justice to prevail, it is crucial for the Courts to recognize the profound psychological trauma caused by Battered Womans Syndrome and acknowledge an spaced battered spouse is much controlled and dominated with raw terror. In many respects great strides have been made in enlightening the public and the Courts about domestic violence and the prevalence of Battered Womans Syndrome. However, unrealistic stereotypes still persist and the public often turns a blind eye to the magnitude and implications violence against women imparts. It is uncomfortable to embrace.An undeserving tru th that corrupts the premise of a safe and happy family home. Many fear the recent appointments of staunch conservative Justices to the Supreme Court will hamper the strides and human rights made by advocates of battered women who kill in self-defense. The quaternity Psychological Stages Of Battered Woman Syndrome Stage One DENIAL The woman refuses to admit even to herself, that she has been beaten or that there is a hassle in her marriage. She may call each incident an accident. She offers excuses for her husbands violence and each time firmly believes it will never happen again.Stage Two offense She now acknowledges there is a problem, but considers herself responsible for it. She deserves to be beaten, she feels because she has defects in her character and is not living up to her husbands expectations. Stage Three judiciousness The woman no longer assumes responsibility for her husbands abusive treatment, recognizing that no one deserves to be beaten. She is still committed to her marriage though and stays with her husband hoping they can work things out. Stage Four RESPONSIBILITYAccepting the fact that her husband will not, or cannot, stop his violent behavior, the battered woman decides she will no longer submit to it and starts a new life (Survivors Empowerment zona 2007). REFERENCES Balkin Karen F. , (2003) Introduction. Current Controversies Violence Against Women. Ed. Karen F Balkin San Diego Greenhaven Press. Department of Veterans Affairs,(2006). Posttraumatic Stress Disorder. Dixon Wheeler John. , PhD, JD, An seek on Battered Women, (2003) Grubb v State (2003) South Carolina Court of Appeals. National Center for Post-Traumatic Street Disorder. (2005)What is Battered Womans Syndrome?. National Clearinghouse for the Defense of Battered Women (2006). Planned Parenthood v. Casey, 112 S. Ct. 2791, 2826-2831 (1992). Rennison, (2001) U. S. Dept of Justice, Bureau of Statistics, Intimate Partner Violence and Age of Victim. 1993-99, . Robinson v Stat e 308 S. C. 74, 417 S. E. 2d 88(1992). Schneider Elizabeth, (2000) Battered Women and Feminist Lawmaking 117,135. State v. Hill, 287 S. C. 398, 339 S. E. 2d 121(1986). Survivors Empowerment Zone (2007). http//www. angelfire. com. Walker, Lenore, E. Ed. D, Forensic Psychology Group, LLC.