ABSTRACT

This chapter examines the use of expert evidence pertaining to battered women in trials of battered women who have killed. It outlines the rationale underlying its admission and considers its content, with particular attention given to the scientific foundation of the evidence. The difficulties for the battered woman defendant stem largely from the male-based notions of violence inherent in the laws of self-defense. The laws of self-defense, in and of themselves, present a significant challenge to the battered woman defendant. Research on the impact of battered woman syndrome evidence began in the late 1980s, with much of this work employing juror/jury simulation techniques. Prior to the introduction of battered woman syndrome evidence, battered women who killed their abusers had little choice but to "plead guilty to murder". The chapter concludes with a reformulation of expert testimony pertaining to battered women that focuses on the social reality of the battered woman's situation as opposed to her psychological reactions to the abuse.