If a woman has been physically abused by her husband is it ok for her to kill him as self defense? :S?

Question

im taking a law class and were working on a case where a woman has been physically abused and she has "battered wife syndrome." she got pushed to an extent where she shot him in the back of the head and called it self defense. she used a 303 rifle.

Answer 1

It would depend on the state and the jury. There's what they call the "Burning Bed Defense", which allows that a woman who has been battered severely might kill in self defense even though she's not actually being beaten at the time. The name comes from a case where the battered wife lit the bed on fire to kill her abusive husband. There was a movie made of this back in the late 70's or early 80's, starring Farah Fawcett. Generally, it wouldn't be considered self defense if she shot him from behind. It would be assumed she could have gotten away. The argument is that she has been battered so much that she doesn't realize there are other ways to get away. Whether a jury or judge will buy that is another matter.

Answer 2

Good for her! Any man that hurts his wife needs to be hit in the back of the head with a 303 rifle. When people have been abused for so long they eventually snap, fear is a strong emotion and it can put you into auto pilot. Self preservation is an even stronger emotion. People will eat each other to survive, do you think that it is so strange for a woman to kill a man that has been hurting her and threating to kill her? I don't , it is called survival. We all have the instinct in us and if you put the jury in her place. You are doing dishes and you get slapped across the room, as you lay on the floor he starts kicking you with his boots, you are crying out in desperation, you are begging for him to stop, he is calling you terrible names because you forgot the salt on the table. You now have to indure a beating that will leave you unable to walk and leave your right hand to sore to use for the next week. Put the jury in her spot and then ask them what they would do. Some times running is not an option, I worked in a womans shelter and these guys hunt them down like animals, even when they have their names changed and they are relocated the guys are really sly, they call police stations all over and say that they are from the local police station that she came from and they need to verify her new name and location. Once they get the name and location the hunt is on. With men like this there is no way out. Believe me I have seen it first hand.

Answer 3

I personally don't think killing is "ok". BUT if the wife is being abused, she should have the right to defend herself. Because if she does not defend herself, he may very well kill her anyways in her sleep or while she is awake. There are cases where the man killed his wife in front of the kiddies, even when she left and filed a protective order. Like a sheet of paper is going to stop him when he's determined to stalk her.
When is she supposed to defend herself, when he is beating, stabbing, or choking her to death and she can't move and can't dial 911, not to mention she does not have the time to wait for them while he is killing her and can't run away because she's done tried before? He has the strength of a man when not angry and when angry for no reason can have super human strength and snap her neck. She has almost no defense. When is she supposed to protect her unborn babies? After he kills them and almost kills her?
Where did she get the gun from? Was he reaching for it or a knife or rope? Had she had enough of feeling like dying every day because this man who swore before God or a legal personel to love, honor and cherish her in sickness and health is destroying her with each passing moment?
If a robber or burglar came B&E, the people have more rights in that situation than the wife being abused on a regular basis. The legal system needs to wake up and provide more rights, protection, and help to the women and mental care or long term prison for the men in these situations so these things won't have to happen (so the woman won't feel stuck, stalked, and harassed), and the men who broke their vows by abuse are behind bars instead of the women for protecting themselves and their (unborn)babies. These men often threaten to kill themselves, their wives, sometimes the kids if the wives so much as hint they are leaving. These men have women scared to death if they leave, and when they do, they still hunt them down and are meaner and madder because she left.
People just do not know how tough it is to get out of this kind of a situation if they have not been through it themselves, especially if he is bound and determined to hunt her down like some game animal so he can make it worse for her or to torment her more when she displays any independence or tries to kill her when she leaves. Maybe the court system should have to tell the children of the dead mother they failed her and them. The very judge who let the men go free from jail repeatedly. The very judge or who awarded him custody or visitation rights and the judge or lawyer who said all this proves is that the 2 of you shouldn't be in the same room together (I've actually heard that from a lawyer). Well how else is she supposed to stop him when he is given more rights than her, and she is told she almost has no rights or he has as many rights as she does. I saw something online the other day where this counselor told her client not to go back to him, but the wife stayed because she never thought he'd kill her and the man killed her anyway. So many abused women are killed by their partners, there should be something to stop him from abusing her repeatedly and to keep him from killing her or her from having to protect herself.

Answer 4

Legally, she MAY be able to use 'battered wife syndrome' as a defense. I'm not a fan of most 'insanity' type defenses. If she shoot him while he was attacking her, that is clearly self defense. In the case you describe, I think she should have gotten out of the house and filed for a protective order.

Answer 5

well i am assuming thats not self defence since he was most likely looking at another direction. Also if someone shoots from waist up is considered attempted murder (if not dead) or murder. So i guess it depends on the case and the police report. Now if it was with a 303 rifle...What tha heck was she doing with that? was the husband trying to shoot her? now she might suffer from some mental disorder that makes her untable...

Answer 6

Yes. I would have to say self defense. If she hadn't killed him. I'm more than sure that her beatings would just get worse every time. I know this from experience, I too was abused.

Answer 7

enable me take this from a thoroughly distinctive attitude. in case you video 24 hours of your life and then finally end up taking pictures a cop while you evaluate that cop behaved like a finished prick and you have this on video, in step with danger 4 cameras showing distinctive angles of it, you have a miles greater suitable danger of having away with it than in case you have basically your words and a pair of witnesses to back up your version of activities. So in case you're worried approximately something, get videocameras set up and working, they're very inexpensive those days. A video is worth a thousand million wordd. RE: are you able to shoot or kill a police officer in self protection? What if a police officer unlawfully invades my abode with out in all likelihood reason or a seek warrant? Am I allowed to defend myself because i'm on my supplies & he's unlawfully breaking into my supplies for in spite of reason? I watched a video the place 3 officers broke down some persons door, got here in and tazed the guy before arresting him. they had no warrant or in all likelihood reason. They declare they have been referred to as in through fact of kin violence (which they use as their in all likelihood reason) yet the two the guy and woman who have been the only human beings living their have been chatting with the police by a window and informed them each thing became positive. They then busted the door down, tazed the guy and woman and arrested them! Did they have in all likelihood reason?! I basically placed myself in that concern and that i could in all likelihood defend myself if that took place to me through fact they have not got the perfect to barge into anyones abode like that without a warrant or in all likelihood reason. My question is, could I truly have the perfect to defend myself against officers breaking into my abode without a warrant or in all likelihood reason? I do very own weapons so could I truly have the perfect to apply them?

Answer 8

These women who kill their husbands are wrong, wrong, wrong. They could just leave and move far away from him.
Maybe the day will come when THEIR sons will be killed by THEIR wives, then we'll see how right she thinks it is. We will see if she likes it when it is her sonbeing murdered in "self defense"

Answer 9

I think if her life was in danger or she had no other options, then it would be ok