This study argues that the battering relationship is properly understood as a long-term homicidal process. The authors posit a social interaction perspective for understanding the forces that work toward maintaining the battering relationship and escalating it to a homicidal end.
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.
Feminist scholars have long been concerned with how women and sexuality are perceived and treated by the American legal system. Feminists have put forth a variety of arguments seeking the causes and solutions to the class-based and sex-biased characteristics of the legal system that contribute to the victimization of women in contemporary society. No consensus within the women's movement has been achieved on a number of legal issues, such as pornography or prostitution, since approaches are often divided by political, economic, moral, or sexual ideology.Women, Sex, and the Law is a comprehensive survey and analysis of the legal and sexual issues important to women. Rosemarie Tong introduces the reader to the different feminist and legal perspectives on the causes and solutions for the problems of pornography, sexual harassment, prostitution, rape, and woman-battering. Tong clearly and concisely details and assesses the legal theory and practice for each issue, describs and critiques the various feminist debates surrounding these concerns, and offers her own thoughtful proposals for ameliorating the discriminatory tendencies and improving the effectiveness of our present legal system.
Women’s rights advocates in the United States have long argued that violence against women denies women equality and citizenship, but it took a movement of feminist activists and lawyers, beginning in the late 1960s, to set about realizing this vision and transforming domestic violence from a private problem into a public harm. This important book examines the pathbreaking legal process that has brought the pervasiveness and severity of domestic violence to public attention and has led the United States Congress, the Supreme Court, and the United Nations to address the problem. Elizabeth Schneider has played a pioneering role in this process. From an insider’s perspective she explores how claims of rights for battered women have emerged from feminist activism, and she assesses the possibilities and limitations of feminist legal advocacy to improve battered women’s lives and transform law and culture. The book chronicles the struggle to incorporate feminist arguments into law, particularly in cases of battered women who kill their assailants and battered women who are mothers. With a broad perspective on feminist lawmaking as a vehicle of social change, Schneider examines subjects as wide-ranging as criminal prosecution of batterers, the civil rights remedy of the Violence Against Women Act of 1994, the O. J. Simpson trials, and a class on battered women and the law that she taught at Harvard Law School. Feminist lawmaking on woman abuse, Schneider argues, should reaffirm the historic vision of violence and gender equality that originally animated activist and legal work.
In what circumstances should we be allowed to kill an intruder who breaks into our home? Should battered women be forgiven for killing their husbands? This book analyses the questions raised by the argument of self-defence, and offers a theoretical framework for understanding the defence in the context of human rights norms.
A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.
Bachelor Thesis from the year 2019 in the subject Sociology - Law, Delinquency, Abnormal Behavior, University of Newcastle, course: LLB Law, language: English, abstract: This paper will focus on explaining why trying to categorize "Battered Woman Syndrome Cases" under one defense is not only simplistic, but naive and unjustified. The defenses available to battered women who kill should be specific to the circumstances of the case, as violence which occurs in an intimate and private sphere cannot be adequately understood unless it is analyzed in its specific context. There is a clear difference between women who kill their abusers as a result of their psychological state, and those who do so by exercising their lawful right to self-defense. For this reason, it will concentrate on the distinctions between battered women who suffer from BWS and kill their abusers in non-confrontational situations, and battered women who do not suffer from BWS and kill in confrontational situations.
"This is an excellent book, written by the foremost authority in the field. [It] is easy to read and does a nice job integrating theory and research." Score: 95, 4 stars --Doody's Walker's seminal, groundbreaking book The Battered Woman Syndrome (BWS) has forged new directions in the field of domestic violence for over 30 years. Now, the highly anticipated, third edition offers thoroughly updated and revised research on key topics, including posttraumatic stress disorder, learned helplessness or learned optimism, the cycle theory of violence, and much more. This third edition presents updated data generated from the newly modified Battered Woman Syndrome Questionnaire (BWSQ). With a new focus on culture and ethnicity, these data detail the experiences of foreign women who either live in their country of origin or the U.S. Like its popular predecessors, this new edition serves as a valuable resource for both professional counselors and students studying domestic violence. Discussions on the revised criteria for the BWS and PTSD: Posttraumatic stress and re-experiencing the trauma High levels of anxiety and arousal Emotional numbing, avoidance behaviors, and depression Disrupted interpersonal relationships Distorted body image and physical illnesses Sexual issues, including feelings of guilt, shame, and jealousy Key topics discussed: Attachment issues for battered women and the men who batter them Substance abuse and addiction Risk factors for further abuse Women in prison and battered women who kill their abusive partners in self-defense The Survivor Therapy Empowerment Program (STEP) which helps women better understand how the violence has impacted their lives