Hormonal Rage Lawsuit?

Question

I've heard of a case where this woman was acquitted because she was having that "time of the month" crisis, when she murdered her husband. Anybody know where I can get more information on this certain case? Thank you!

Answer 1

This is an urban legend

A quick check of westlaw.com under search functions of "menstrual cycle" & "murder" for every jurisdiction in the US yields nothing but rape and murder cases of women victims who were having their period at the time.

This probably comes from someone combining the opinion that women are crazy on their period with the insanity defense. But the insanity defense requires substantial proof that the defendant could not appreciate the wrongfulness of her action. A successful insanity defense would warrant putting the woman in an insane asylum for a number of years. We generally do not put women in insane asylums, nor do we give a free ride for murder.

It could be possible for a woman to use the menstrual cycle as a mitigating factor for a charge of murder 1.

Murder 1 requires intentionally and knowingly causing the death of another with malice. Defendants who act in a fit of rage lack these elements, but satisfy the elements of manslaughter which is simply reckless disregard for human life.

Answer 2

you can go to lexusnexus if you know the actual case name, but if not just do a search for PMS defense or something like that and it will more than likely pop up. You might want to check out the Twinkie Defense as well-- its a good one.

Answer 3

Forget finding the case law, just pick a jury of 12 women.

Well, either that, or locate the original O.J. Simpson jury.

Answer 4

PMS (like Twinkie Defence) requires special jury and judge from special short bus class...