Does expert evidence pertaining to battered woman syndrome influence juror verdicts?

This research investigated whether expert evidence pertaining to Battered Woman Syndrome (BWS) influences juror verdicts the legal requirements of self defence (imminence, proportionality and an attempt to retreat from the situation) are generally not met in cases where battered women kill their partner: The killings do not immediately follow the attack, the force used is not proportionate to the attack and there is often no previous attempt to retreat from the situation. BWS expert psychological evidence has been admitted by Australian Courts to provide jurors with an alternative perspective for determining whether a woman's actions were reasonable in the given context. It is unclear whether the admission of such “myth-dispelling" evidence is necessary. A written summary of a trial transcript was given to 160 participants (80 male and 80 female), each of whom contributed to one of sixteen conditions in a 2x4x2 design. The critical manipulations were as follows: the presence I absence of a defence I prosecution expert; whether or not the defendant had previously left the relationship; and sex of participant. The findings provide some suggestion that expert evidence about BWS does not significantly impact on verdict, although its effect may differ for males and females.

Grantor dc:publisher

Edith Cowan University, Research Online, Perth, Western Australia

Year dc:date

1999

Author dc:creator

• Shannon, Clare E.

• Self-defense
• Law
• Battered woman syndrome
• Evidence
• Expert
• Jury
• Decision making.
• Other Legal Studies

Repository record dc:identifier

https://ro.ecu.edu.au/theses/1270

OAI identifier oai:identifier

oai:ro.ecu.edu.au:theses-2271