How are the defences of diminished responsability and provocation beneficial for women with the battered woman

Question

syndrome? ONLY UK LAW PLS!!!

Well the battered women syndrome is when women have been abused for a period of time and then they attack their husband/partner, which causes him to die. These two are defences available and I was wondering how they can really benefit the women in these cases!!

I am not in this situation, I am doing an essay on it!! Can you reccommend any cases or websites??

Answer 1

This is very much a double edged sword. The defence of diminished responsibility (Homicide Act 1957 s.2) can be used in mitigation but the court may make the inference that she could be a danger to societyand use their powers under the Mental Health Act. There is also possibly a charge of manslaughter to be considered. This also carries a life sentence

I would go for a case of self defence. Especially if the violence or abuse had been continual for a long period of time.
R v Byrne [1960] 3 All ER 1
is the leading case here.

Provocation (Homicide Act 1957 s.3)

See DPP v Camplin [1978] 2 All ER 168

The reasonable man - Keating. J in Welsh [(1869) 11 Cox 336]

The test of whether the defence of provocation was entitled to succeed is R v Lesbini [1914] 3 KB 1116.

Also look at Ibrams and Gregory (1981) 74 Cr App Rep 154

Whitfield (1976) 63 Cr App Rep 39 at 42

That will keep you going for a while, have fun

Answer 2

Provocation can only be used as a defence if the action took place immediately after the provoker did something for example the wife was screamed at so she stabs him with a knife.
Diminished responsibility is when the accused goes into some altered mental state which means they no longer act objectively. DR often means admitting to some form of mental incapacity and wives were scared to use this defence as it could mean a spate in a psychiatric institution.
Battered Wives' Syndrome basically gave a medical term to the altered mental state these women underwent due to the systematic abuse they suffered after a number of years. The most often cited example is the wife who plots to kill her husband by poisoning his food. If she can prove BWS then she will have a partial defence to murder under DR and reduce it to manslaughter without the risk of being admitted to psychiatric care.
There are many published articles on these cases written by people who have far more understanding and knowledge than I. Check out your local law library and there should be a magazine section. These are easy to read and not very long. Plus always look good in your bibliography.

Answer 3

Divinity !. Ofcourse good looks, great body or just dressing the right way does help. (i.e. from a purely physical perspective). But, I like to believe that man(human beings) are much more than just social animals. We often tend to forget that we all have a capacity to exist as spirit led beings. ( especially because of the over emphasis of fashion / good looks / materialism in the world ). Ultimately, physical attributes will and can only be physical or look aesthetic in a certain way. But, it's the "soul of the woman" which really matters. Imagine this, what use can a sexy figure or great looks or fancy clothes be if the woman does not have a equally good personality ?. It would merely help her to be a sex-symbol isn't it ?. ( or in other words, a bimbo !. ) // Sorry Ladies ! . . . // So, I guess it's a matter of choice or opinion. Imagine if the woman has a beautiful personality i.e. attitude / personality / a good soul . . . and on top of that, she has great looks, or a great body, or a good dressing sense. Now, that would really be something. Isn't it ?. Even if she doesn't have all of these physically appealing attributes, but still has a wonderful personality, a warm, kind, and a beautiful heart, she would be beautiful beyond words. What I feel, is that, it's the Divinity inside a person that makes the person beautiful !. But, I guess it's what "I" feel :) . . . Some people may think other wise ? . . . :) . . . Ex: I really like Norah Jones. I think she is my kind of a woman :) . . .

Answer 4

domestic violence is not only committed on woman and you should be aware that men women of both sexual orientations suffer.

if you are in a situation that has got you starting to feel this way it is too late, that defence will not apply. you are appling malice afforethought and so it would be murder.

but on the other hand a women being battered flipps and lets say pushes hubby down the stairs, this would be a defence and so it would for anybody. its in the intent. a person able to ask such a question has all te marbles and so knows right from wrong.
i sugest you get help.

Answer 5

generally the murder defences of provocation and diminished responsibility reduce the charge from murder to manslaughter.

In relation to the battered women syndrome women are more likely be acquitted or receive a manslaughter sentence if they pass the appropriate tests for proving that they suffer this syndrome and have been provoked, and ofcourse there responsibility was diminished! they get a lean sentence because it would be treated along the lines of self defence.

Answer 6

it allows them to get away with murder

its almost on a par with the BSE defence (sorry that should read PMT defence). kindof reminds me of the old joke:
Q: whats the difference between BSE & PMT
A: weel ones Mad Cow Disease, and the others a serious problem for farming

Answer 7

You cannot get a definitive answer as each case has to have the rules applied objectively, and as each is individual and the rules are open to interpretation, the answers will be varied.

Answer 8

It gives them an avenue of defense in the event that the history of their abuse at the hands of their partner leads to them taking actions that may lead to their prosecution.

Answer 9

This is a complex question. Have you tried googling these terms to see what comes up? I would also recommend that you have a look at the Woman's Aid site.

Answer 10

Exactly, they want everything on their own side.