Provocation has been removed as a positive defence to murder, but "Battered Wife Syndrome" has been left in as a positive defence. Aren't they one and the same thing?
A husband is hounded, nagged, badgered, belittled and emotionally and mentally castrated by his wife for 20 years. He finally snaps and murders her. Sorry, provocation is no longer a defense.
A wife is belted, bruised, belittled and made to feel inadequate and worthless for 20 years. She finally snaps and murders him. Yes, you may plead justification using battered wife syndrome.
Personally they both sound horrible for the people involved, but why is one legally justified and the other not?
2006-11-23 10:41:15 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I know what you mean--this is the double standard in reverse. In this case, I am on the side of the men. There should never be an acceptable positive defence to murder.
2006-11-23 12:19:47 · answer #1 · answered by bellegurl17 4 · 1⤊ 0⤋
That is how it use to be but no more. The Courts do not recognize the provocation defense anymore. The courts say a women (or man ) can just up & go to a shelter, get a restraining order.Yes I remember some wemen who were convicted of murder then released after a new trial , with the defense claming Battered Women Symdrom. Not anymore what with restraining orders, shelters for battered wemen or just leaving. murder is murder no matter who does it or why.
2006-11-23 18:54:13 · answer #2 · answered by BUTCH 5 · 0⤊ 0⤋
Too many times I've not only heard, but witnessed long term marriage that involve violence. Nine times out of ten, on or both of the spouses are addicts, or just not intellectually apt enough to know when it is time to walk away. Killing one another is not an option. Divorce is. as far as a legitimate defense? Provocation and Battered Wife Syndrome could be classified as one in the same, But in my eyes, Why the hell would you stay with him if He feels the need to hit you? For life insurance? Well, foul play makes that null and void...and forensic science is impeccable..YOU DON'T HIT WOMEN...YOU DON'T HIT KIDS....Gentlemen, If you can't walk away, it's time to get away....I rest my case.
2006-11-23 18:53:22 · answer #3 · answered by 35 YEARS OF INTUITION 4 · 0⤊ 0⤋
Battered Wife Syndrome does not work in many jurisdictions. Recently in my jurisdiction this exact same type of case occurred. The wife claimed that she was battered for years. Then she alleged that she just could not take it any more and in an argument one night she reached for their gun and shot him. The jury gave her 30 years prison time. It just depends on the jury. However, you make a good point, I have never heard of "Emotionally Traumatized Husband Syndrome." However, I am sure this condition exists.
2006-11-23 18:51:36 · answer #4 · answered by ut_prosim 2 · 0⤊ 0⤋
In the case of the husband, why would this be provocation and not a response to emotional abuse? Perhaps it depends on the skill of the attorney presenting the case.
2006-11-23 18:57:50 · answer #5 · answered by ValleyViolet 6 · 0⤊ 0⤋
Women are considered weak in the eyes of society and the mothers and daughters of the children and it is a despicable act to hurt or murder them.
Women are as violent as men and the prisons proved that!
There should be no difference in either case....murder is murder!
And murder should be dealt with appropriately....KILL THEM!
2006-11-23 19:02:37 · answer #6 · answered by transvainia 3 · 0⤊ 0⤋
There is not a difference..There are very many woman in prison for murdering their husband...Each case is different, it is up to the Judge or Jury to decide..
2006-11-23 18:49:49 · answer #7 · answered by morningwoman14 3 · 0⤊ 0⤋
It's the way society works...a woman is usually the defenseless and weaker one so of course it would be more normal if they lashed out instead of man......not saying it's right that's the way it is.....however I think a good lawyer could argue your point for a man...
2006-11-23 18:43:25 · answer #8 · answered by Love always, Kortnei 6 · 1⤊ 0⤋