The psychological self-defense model was tested by social scientists in 1990. One hundred and ninety-six undergraduate psychology students were given a real case scenario and asked to act as mock jurors. The research proved that when the mock jury was offered a psychological self-defense option nearly half of the participants would acquit the defendant (Hilton pg. 273). This research shows that jurors will respond more leniently when offered new alternatives for judging battered women’s behavior. Many social scientists have come to support abused women and the battered women’s syndrome, but there are still many critics who are not convinced.
Part IV: LEGAL CRITICS OF BATTERED WOMEN’S SYNDROME
It is not the theory behind battered women’s syndrome that has critics upset but rather the misuse of the syndrome by many women to evade culpability. The syndrome itself is based on a sound theory and backed by scientific research. Psychologists, and other social scientists, have brought aid to women who truly suffer from domestic violence in America, but they have also been criticized for supporting women who have not been abused.
There is dyer need for a closer examination of the negative aspects that have arisen out of the battered women’s syndrome. Some critics hold that battered women’s syndrome is closely related to victimology and may cause people to undermine the principles that the criminal law is based upon. Although this assumption is well warranted, it would not affect the majority of battered women’s cases in America. Critics have even blamed the present state of battered women’s syndrome on the women who wrongfully use the theory to support their defenses. They believe that the women who are suffering from battered women’s syndrome are loosing support, because of those who are not justified in using the concept (Hilton pg. 138).
Other critics of BWS have singled out certain psychologists and social scientists. Dr. Walker, the renowned psychologist mentioned above, has been heavily criticized for representing nearly any woman in need of expert testimony. Dr. Walker stated, “It is clear from the rest of her story that Paul had been battering her by ignoring her and by working late” (as qtd. in Hilton pg. 147). Statements like these undermine the BWS theory and give people false notions to what the syndrome is actually about. These critics also include battered women advocates who are unhappy with the way battered women are being portrayed. Battered woman advocate Patti Seeger stated, “What I don’t like about BWS is that it is tied to ‘learned helplessness.’ I disagree totally with this theory. Rather than being helpless, battered women adopt survival skills” (as qtd. in Hilton pg. 138). This quote, although surprising, shows the frustration and tension that is going on between BWS advocates. Maybe the reason why those in society are unwilling to accept the BWS theory is because those who support it can not even agree on what the concept should entail.
CONCLUSION
After conducting an extensive review on battered women’s syndrome, I have concluded
that the acceptance of this syndrome by our criminal law depends upon three issues. The first issue pertains to how society views this complex syndrome. Many people claim that they know all about BWS and that it is just another way for women to avoid culpability. Others believe that BWS is a defense in itself. BWS has been seriously affected, because of the general part of our society that has not yet been educated on the facts of the syndrome. Those who possess the knowledge surrounding the syndrome need to clarify society’s misguided conceptions, or BWS will never get the support it really deserves. If people learn the facts and support the syndrome, then the American government is more likely to take legislative action.
The second problem concerning the acceptance of BWS by the criminal law is the present self-defense justification. This justification is deeply rooted in English Common Law and causes great debate among legislative officials. Self-defense, although adequate for most, has failed to represent battered women in America. Completely changing this defense is out of the question, but what about modifying the defense so that it would also look at body size, strength, and general physical ability? A man who weighs 200 lbs. has a clear advantage over his 130 lbs. wife. These physical characteristics must be considered when explaining self-defense, because they would help compare the two opposing forces.
The third problem that has halted the success of BWS is that people are unwilling to stop domestic violence in their community. If residents within a community are aware of domestic violence problems then they need to take immediate action and stop the violence. The police, and other social service agencies, can only do so much to diffuse the problem. Domestic violence will only decline when American citizens get involved with the domestic abuse problem.
Downs, Donald Alexander. More Than Victims: Battered Women, The Syndrome Society, and The Law. Chicago: University of Chicago Press. 1996.
Dubin, Danielle R. “A Women’s Cry for Help: Why the United States Should Apply
Germany’s Model of Self-defense for the Battered Women.” Pgs. 1-16. 3-5-99.
http://www.nsulaw.nova.edu/pubs/journal/vol2/_1/dubitext.htm.
Hilton, N Zoe, ed. Legal Responses to Wife Assault: Current Trends and Evaluations. Newbury Park: SAGE Pub. Inc. 1993.
State v. Thomas. Case No. 95-1837-95-1938. OH. Super. Ct. 1997. Lexis-Nexis.
State v. VanSickle. Case No. 94APA12-1728. OH. App. Ct. 10th dist. 1995. Lexis-Nexis.
State v. Williams. Case No. 66669. OH. App. Ct. 8th dist. 1995. Lexis-Nexis.