Should the battered woman syndrome dfense continued to be allowed or no?

Question

As a person having a moderate issue I believe that individuals should be punished for their crime but I belive that the defendant should have a right to defend themselve in court. The battered woman syndrome defense is a defesne that I think that should be discontinued to be allowed in courts. I think that there are too much times when females use this defense in cases where they was no apparent attempt to leave the situation and instead use violence as a first option instead of a last option which the law was intended to do.

Answer 1

its more comploicated than u think...yes it should be used...

Answer 2

This is a good question! Actually a tricky situation. I do not think that it should be necessarily discontinued. What if this was the first time the woman was being beaten and she had to use self defense? It should be used then...but would only work if she has the markings of fighting for her life and the feeling of imminent danger.
For those of you saying "how would you feel if you were the one being beaten?" I have never been in that situation, but I do know that the first time would be the last. I do NOT care how much I loved someone...I would not put up with it! Love is not worth losing my life. Many have children with the abusers and all that does is show them it is okay to be beaten or to beat. There are many options out there, it just is up to the abused to take advantage of them. The justice system cannot help those they do not know need help.

Answer 3

Should we then take your approach on all issues in life. Lets start with removing health care, welfare and so on. As you can see, you have the good, bad and the ugly in all things. There are people in this world that will use the good of man to their own need. Lets take G Bush for instance, Scooter Libby makes a perfect point for your question. Should we remove his power because of what G Bush did? Here we have a president that used his power to remove punishment from a man convicted of a crime vs this country. Does this mean we should remove it because G Bush used the powers that be to undo justice?


Answer that and you have answered your question.


After rereading things like I always do. I would have to give myself a, 11 out of 10 for that answer. Not only did I answer the question, but I also informed the publice once again of how bad of a president G Bush is for this country. YES

Answer 4

Yes, it usually takes years of provable abuse for a woman to suffer from battered women syndrome, it is easy to say she could have walked away. But when the abuser is threatening your kids, family etc. if you leave, and has already killed pets., the woman believes he will kill her. Now whether or not juries have to believe it is another story, as there have been cases where this has been used as an excuse, with no proof.

Answer 5

I'm going to guess you're referring to murder or another violent crime...well, we can't get rid of the defense because a few people abuse it. It is sometimes a legitimate defense. If it is not, then hopefully a jury will catch it. It would be silly and unconstitutional to say "you can defend yourself on any grounds except the fact that you were abused."

Answer 6

Yes. It negates the Culpable Mental State that is required for the crime. Also, it is scientifically supported, accepted within the field, and has a known margin of error. It fits within the Daubert & Kumho Tire Rules.

Answer 7

I agree but disagree,
Yes some women use the system ( as do men )
but what about the ones that are being beaten half to death they need the law so they have time to heal from their beating and get out as far away as possible before the crazy guy gets out of jail,
If the law wasn't there most beater wouldn't go to jail and the beaten women would get killed before he ever went to court.

Answer 8

I agree...

I think that the self-defense standard should always be immediate risk of attack and "reasonable" belief in that threat -- not a purely subjective belief.

Despite how harsh it seems, people need to be able to take responsibility for removing themselves from a dangerous situation....

Answer 9

This is as hot a topic as abortion and legalizing marijuana. Let me give you a quick scenario of a case I am working on this week and then you all decide.

A woman's husband came home and for the first time in their 5 year marriage started beating her. At one point he threw her half-way out of a one story window and drug her back in and continued beating her. At one point she managed to crawl away to the bedroom. As he was entering the bedroom she picked up the gun from his nightstand and shot him. He was dead at the scene. Police and paramedics showed up, took photographs and took her to the hospital for bruises, lacerations aand a broken nose. She was charged with 2nd degree murder and her attorney is fighting for self-defense.

Answer 10

It takes a man to say something as stupid as that.Have you ever been hit by someone twice your size probably not. Have you ever been in love with someone and frightened of them at the same time i think not. You are in a situation where you love this man he is the father of your kids you want to make this marriage work if not for you then for the sake of the kids regardless of the reasons you know this man when sober is loving and sorry for hitting you you want to believe him you need to believe that he will stop this time.Until that one night when he goes to far and comes at you with a knife what would you do sir.

Answer 11

no -the woman has the option to walk away the first time abuse happens. this is the US. there are options on every street corner.