The Criminal Law Defences Available to Battered Women Who Kill Their Abusers. A Psycho-legal Analysis

Table of Contents

1. INTRODUCTION

2. THE CURRENT LEGAL FRAMEWORK

Voluntary Manslaughter by Reason of Diminished Responsibility

Self-Defence

3. NON-CONFRONTATIONAL CIRCUMSTANCES

Battered Woman Syndrome

BWS As A Medical Condition

Non-Confrontational Killings and Diminished Responsibility

4. CONFRONTATIONAL CIRCUMSTANCES

The Traditional Doctrine of Self-Defence

The Subjective Standard of Necessity

The Objective Standard of Reasonableness

5. JUSTIFICATICATORY vs EXCUSATORY DEFENCES

Justificatory Defences

Excusatory Defences

6. CONCLUSION

Research Objectives and Themes

This dissertation aims to evaluate the criminal law defences available to battered women who kill their abusers, advocating for a nuanced legal approach that differentiates between confrontational and non-confrontational contexts. It argues that a monolithic application of legal principles is inadequate, given the unique psychological impacts of domestic abuse and the distinct circumstances under which these killings occur.

• Analysis of Battered Woman Syndrome (BWS) and its role in diminished responsibility claims.
• Investigation of self-defence applications in confrontational killing scenarios.
• Critique of gender bias within the traditional "reasonable person" and "necessity" standards of self-defence.
• Examination of the theoretical divide between justificatory and excusatory defences in English law.

Excerpt from the Book

Summary of Chapters

CHAPTER 1 INTRODUCTION: Outlines the scope of domestic abuse in England and Wales and the legal challenges in cases involving battered women who kill their abusers.

CHAPTER 2 THE CURRENT LEGAL FRAMEWORK: Examines the existing law of voluntary manslaughter and self-defence, arguing for an individualistic, case-specific legal analysis.

CHAPTER 3 NON-CONFRONTATIONAL CIRCUMSTANCES: Explores BWS and the application of diminished responsibility for killings occurring when the abuser is not an immediate threat.

CHAPTER 4 CONFRONTATIONAL CIRCUMSTANCES: Analyzes the history and gender bias of self-defence, advocating for a broader interpretation of necessity and reasonableness for battered women.

CHAPTER 5 JUSTIFICATICATORY vs EXCUSATORY DEFENCES: Compares theoretical models of defence to justify separating legal outcomes for confrontational versus non-confrontational killings.

CHAPTER 6 CONCLUSION: Synthesizes the findings, reiterating the necessity of distinguishing between legal defences to achieve justice for all victims of domestic abuse.

Keywords

Battered Woman Syndrome, BWS, Diminished Responsibility, Self-Defence, Domestic Abuse, Criminal Law, Voluntary Manslaughter, Justificatory Defences, Excusatory Defences, Learned Helplessness, Gender Bias, Reasonable Person Test, Psychological Trauma, UK Law, Femicide

Frequently Asked Questions

What is the core focus of this research?

The work examines the legal defences available to battered women who kill their abusers, focusing specifically on how current law should distinguish between confrontational and non-confrontational killing scenarios.

What central themes are explored?

Key themes include the psychological effects of domestic violence (BWS), the gender bias inherent in traditional self-defence doctrines, and the theoretical distinction between justifications and excuses in criminal law.

What is the primary objective of this dissertation?

The aim is to demonstrate why applying a single legal principle to all domestic abuse cases is inappropriate and to advocate for a more nuanced approach that matches the specific context of the killing to the appropriate defence.

Which scientific methods are employed?

The research utilizes a doctrinal and interdisciplinary methodology, analyzing existing case law alongside socio-political and psychological literature to construct a refined view of legal principles.

What is covered in the main body?

The body analyzes BWS and diminished responsibility for non-confrontational cases, investigates self-defence for confrontational cases, and provides a comparative theoretical analysis of justification versus excuse.

Which keywords best describe this study?

The study is characterized by terms such as Battered Woman Syndrome, self-defence, diminished responsibility, learned helplessness, domestic abuse, and legal gender bias.

How does BWS affect the legal defence strategy for battered women?

BWS acts as a medical basis to establish "diminished responsibility," explaining how prolonged abuse fragments a woman's mental state, thereby potentially reducing a murder charge to voluntary manslaughter.

Why is the "reasonable person test" criticized in this paper?

The paper argues that the test is grounded in male experiences, effectively disregarding the reality of power imbalances, trauma, and the survival strategies required by women living in abusive environments.