Over the course of this semester we have studied many different subjects of criminal law. I found that our studies on assault, battery, and other crimes against the person to be the most interesting. To me this subject was the most compelling because I was unaware of many of the requirements that constitutes assault, battery, kidnapping, etc. I also found it interesting because this particular subject was relevant and useful for Business Law, a class I am enrolled in at my high school. In Business Law, we were to participate in a mock trial of a woman who claimed to shoot her husband because of Battered Woman Syndrome. I was the expert witness for Battered Woman Syndrome in this trial. This class and the subject discussed Battered Woman Syndrome, which lead me to be an educated on this topic. Between studying this subject and taking part in the mock trial I have gained an interest for these particular crimes and, especially, Battered Woman Syndrome. I have learned a significant amount of information about this subject and the related crimes. First off, I learned that crimes against the person include assault, battery, genital mutilation, sports injuries that exceeds the rules of the game, physical contact without consent, menacing, mayhem, malicious disfigurement, child abuse, child neglect, hate crimes, kidnapping, hostage taking, false imprisonment, child snatching, family violence, violence at the workplace, and road rage. I learned that a battery cannot be committed
In the most recent data available from 2015, it was disclosed that nearly 92,000 Canadians had report to the police an incident related to domestic violence; of this number, 80% of them were women (Burczycka, 2017). It is then no surprise that intimate partnership violence has been found to be one of the major causes of violence against women in Canada (Ministry of the Status of Women, 2015). Many agencies focus on supporting directly the female victims and providing them with secured shelters and safe spaces to rebuild themselves after leaving their abusive relationship (Shelter Safe, 2017). However, a need to address domestic violence from the roots arose in Ontario1982, when the community identified a gap in the offer of programs
Tanya Mitchell frantically called 911 to report a shooting-a shooting she committed. In an act of self-defense against her abusive husband who, at the time, was threatening to kill her, she did what she had to do to save her own life. From her reports, her husband was not only abusive, but that he gave men in his “motorcycle club” permission to gang rape her-while he watched. Specific example of his sadistic abuse include him telling her they were going to get married while holding her at gunpoint, making her play Russian roulette, and even trying to rip off her nails. Her attorneys were going to use Battered Woman Syndrome (to take her psychological health based off of her abuse) as a factor in the case but were not confident it would
The report responding to section 40507 of the Violence Against Women Act from the U.S. Department of Justice Office of Justice Programs, National Institute of Justice, and the U.S. Department of Health and Human Services- National Institute of Mental Health determined that:
Although we lost Ellen Pence, a woman who changed how domestic violence is addressed, in 2012, there are many lives that are being saved to this day because of her work. Ellen Pence found her calling in 1977 when she began working for the Minneapolis Housing Authority that helped individuals relocate with housing complications (StarTribune, 2010). It was then that she immersed herself through domestic violence cases and set the standard for addressing these cases. Ellen Pence is especially known for establishing the Duluth Program, a program that address batterers in the court systems, and Praxis Training, which are training on addressing domestic violence for law enforcement, advocates, community agencies, and institutions. Pence’s 35 years of service change the way domestic violence cases were handled, educated key players in domestic violence cases, and showed the world what it was like to be a victim of domestic abuse. Without her efforts, many individuals in power addressing these cases would be lost and those to who are victims would not be understood as they are today.
When battered woman’s syndrome has been used as a plea of self-defense, especially in cases of homicide, it has highly been scrutinized. According to recent research, characteristics associated with the syndrome form a standard that jurors use to judge battered women. This study would evaluate how characteristics of a defendant would affect a juror’s legal decision-making, in a case of a woman pleading not guilty under terms of self-defense, who were suffering from battered woman’s syndrome.
The laws of BDS are kind of confusing. In many states is now recognizable in legislation
On 03/18/2017 at approximately 2132 hours, I was dispatched to 8340 Rd. 46 in the County of Montezuma, and State of Colorado for reports of a domestic disturbance.
When looking into Battered Woman Syndrome it is a relatively new defense and standing point in the court of law compared to other methods. This defense has also gained a ton of scrutiny in its time as it is a very vague defense and can be used in a multitude of situations in which it does not exactly apply as it would to others. I personally feel that this defense can be very helpful to women who truly need it, and it provides a cover for women who truly don’t need to be protected and need to be persecuted to the fullest extent of the law for the crimes which they have committed. This is something we went over for a journal and it interested me a great deal, especially with the case of Susan Wright.
In the early days of the battered women’s movement, feminists wanted to establish new forms of structural organization by distancing themselves from the hierarchy of mainstream institutions. However, one of the problems radical feminists had was the funding of their autonomous institutions. Feminists faced the challenge of creating autonomous institutions that would engage with mainstream institutions (Reinelt and Ferree, 73). While liberal feminists wanted to reform existing political institutions, radical feminists were in favor of organizing alternative autonomous institutions. Although more battered women’s shelters started to form due to the support of local and state governments, radical activists feared that these shelters would become
A disabled person is defined as; an intellectual, emotional, physical or mental impairment that effects daily living. For the purposes of this paper violence against women and intimate partner violence (IPV) will be used interchangeably. The definition of a disability varies by country. However, the official definition defined by the Americans Disability Act (ADA) is a person who has a physical or mental impairment that substantially limits one or more life activities (ADAta.org). ADA became a federal law in 1990, which made discrimination against disabled people illegal. The ADA protects disabled men, women and children from education to housing discrimination. The agency provides further protections for accommodations in
The Battered Women Syndrome is a series of characteristics in women who are physically and psychologically abused by an important dominant male in their lives. These women learn helplessness and dependency; sometimes these characteristics originate from childhood. According to Dr. Lenore E. Walker, a woman must experience two cycles, before she can be labeled a “battered woman”. The two cycles are called the “cycle of violence”. This cycle leads to the feeling that the abuse will never stop. It almost becomes natural. Sometimes the relationships will be calm, and the abuser will apologize for what happened. This part is called the “honeymoon cycle”, but at other points in the cycle the tension and
Domestic violence is an issue in almost every corner in the world. It is a public health and human rights issue. The accepted levels of violence have changed with history and varies between societies. Here in the United States, according to the National Coalition Against Domestic Violence, on average nearly 20 people per minute are physically abused. 1 in 3 women have been victims of physical violence from an intimate partner. The presence of a gun increases the risk of homicide by 500%. On average 3 women are killed each day by an intimate partner, Intimate partner violence is 15% of all violent crime. An analysis done by Every Town for Gun Safety found that 54% of mass shootings were related to domestic or family violence. This paper will be looking at the problem of domestic violence in the United States through the sociological conflict feminist theory.
The term battered women refers any women that is driven so far they kill their significant other from enduring years of agonizing psychological and physical abuse from their significant other. Today the term battered women is associated with a self-defense argument as a means of elaborating on the circumstances of the defendant (Claus 978).
Battered women’s syndrome develops from psychological conditions that manifest from prolonged physical, verbal, and sexual abuse from one’s partner or spouse (Greene & Heilbrun, 2014). Mary Winkler suffered this type of abuse from her husband Matt Winkler who happened to be a minister for a Church of Christ in a small town in Tennessee. She eventually murdered her husband while he lay asleep in bed by shooting him in his back with a shotgun. Mary claimed that she and her husband were arguing over money and he was criticizing her for everything, beating her down emotionally to point where she just snapped (True Crime XL, 2014).
Domestic violence has been a main issue throughout history and all over the world; it can evidentially affect children, the elderly, women, and even men. Although abuse can affect many individuals, a significant portion of domestic abuse cases are against women. Globally, women are constantly facing physical, social and mental abuse by men and/or their significant others. In past years, the issue of domestic violence has gained the attention of researchers. In fact, studies have shown that it is a global issue negatively impacting the social and health status of individuals, particularly women. A survey of domestic abuse in Canada signifies that 29% of married women have been abused by their partners at least once (Nwosu, 2006). Many argue