Self-defense and Battered Women Who Kill: A New Framework: A New Framework

by
Edition: 1st
Format: Hardcover
Pub. Date: 2002-08-30
Publisher(s): Routledge
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Summary

Battering relationships often escalate to a point where the battered woman commits homicide. When such homicides occur, attention is usually focused on the final violent encounter; however, Ogle and Jacobs argue, while that act is the last homicidal encounter, it is not the only one. This important study argues that the battering relationship is properly understood as a long-term homicidal process that, if played out to the point that contrition dissipates, is very likely to result in the death of one of the parties. In that context, Ogle and Jacobs posit a social interaction perspective for understanding the situational, cultural, social, and structural forces that work toward maintaining the battering relationship and escalating it to a homicidal end. This book details this theory and explains how to apply it in a trial setting. Elements of self-defense law are problematic for battered women who kill their abusers. These include imminence, reasonableness of the victim's perception of danger, and reasonableness of the victim's choice of lethal violence and their proportionality. Social interaction theory argues that, once contrition dissipates, imminence is constant. The victim functions in an unending state of extreme tension and fear. This allows us to understand the victim's view of the violence as escalating beyond control, thereby increasing her reasonable perception of danger and lethality. After social resources, for whatever reason, fail to end the violence, it is then reasonable for the victim to conclude that she will have to act in her own defense in order to survive.

Author Biography

ROBBIN S. OGLE is Associate Professor of Criminal Justice at the University of Nebraska at Omaha.SUSAN JACOBS is Associate Professor of Criminal Justice at the University of Nebraska at Omaha.

Table of Contents

Acknowledgments xi
An Overview
1(32)
Introduction
1(6)
Overview of the Chapters
7(1)
The Test Case as Originally and Traditionally Tried
8(25)
Traditional Case
8(1)
People v. Beasley, 622 N.E. 1236 (Ill. App. 5 Dist. 1993)
8(1)
Facts
8(11)
Expert Witnesses
19(4)
Lay Witnesses
23(1)
Jury Instructions
23(2)
Prosecutor's Opening Statement
25(1)
Defense Counsel's Opening Statement
25(1)
Prosecutor's Closing Argument
25(1)
Defense Counsel's Closing Argument
26(2)
Sentencing
28(5)
A Review of the Relevant Literature
33(36)
A Brief Overview of History: Social and Legal Issues
33(4)
Battering
37(7)
Individual/Biological Perspectives
38(1)
Socio-Cultural Perspectives
38(1)
Family Violence Perspectives
39(5)
Social Science Research on Women Who Kill
44(1)
Battering Homicide
45(4)
Existing Theories on Women Who Kill
49(6)
The First Theory: Homicidal Behavior Among Women
49(1)
The Second Theory: Postpartum Depression or Psychosis
50(1)
The Third Theory: Battered Woman Syndrome
51(4)
Interaction Theory
55(1)
Conclusion
56(13)
Battering as a Slow Homicidal Process: A Social Interaction Perspective
69(24)
Introduction
69(1)
The Theory
70(14)
Battering Issues in Realistic Social Perspective
72(1)
Socialization Differences
72(1)
The Physical Size and Strength Differential
73(1)
Misconceptions about Social Resources
74(3)
The Battering Cycle as a Slow Homicidal Process
77(3)
Putting It All Together in a Theoretical Framework
80(4)
Conclusion
84(9)
The Law of Self-Defense and the Battered Woman
93(74)
Self Defense Generally
100(1)
Self-Defense as a Justification
101(5)
Traditional Elements of Self Defense
106(23)
Reasonableness
106(1)
By What Standard Do We Measure Reasonableness?
106(2)
The Objective Test
108(3)
The Subjective Test
111(2)
The Blending of Objective and Subjective Tests
113(4)
Reasonableness and the Model Penal Code
117(3)
Imminence
120(1)
What Is a ``Threat of Imminent Harm?''
121(2)
Is ``Imminent'' Harm the Same as ``Immediate'' Harm?
123(5)
Imminence Is Closely Related to Reasonableness
128(1)
Law of Self Defense Is Advanced by Reliance on Proof of Necessity
129(3)
Law of Self Defense Is Advanced by Allowing Contextual Evidence
132(15)
Expert Testimony to Establish the Context of Abuse
132(4)
Use of Expert Testimony to Establish Reasonableness of Defendant's Belief in the Necessity of Self-Defense
136(2)
Use of Expert Testimony to Dispel Myths about Battered Women and Battering
138(3)
Use of Expert Testimony to Show Typical Emotional and Behavioral Responses of Battered Women
141(1)
Expert Testimony Is Generally Not Admissible to Establish Defendant's State of Mind
142(2)
Lay Testimony to Establish the Context of Abuse
144(3)
Instructing the Jury on Self-Defense
147(12)
When Self Defense Instruction Is Refused in Battered Woman Cases
147(3)
When Self Defense Instruction Is Given, It Generally Tracks Statutory Language
150(3)
When Self Defense Instruction Is Given, It May Include Specific Reference to the Battering Relationship
153(1)
The Battering Relationship May Be Considered Along with Every Other Fact in Determining Self-Defense
153(1)
The Battering Relationship May Be Considered to Determine Whether the Defendant Honestly Believed She Was in Imminent Danger
154(1)
The Battering Relationship May Be Considered to Determine If the Defendant Acted Reasonably
155(4)
Conclusion
159(8)
The Traditional Test Case Revisited
167(18)
People v. Beasley (1993)
167(18)
Facts
167(1)
Socialization Differences
168(2)
Physical Size and Strength Differences
170(1)
Isolation
171(2)
Resources
173(3)
Control
176(2)
Escalation of Violence
178(5)
Jury Instructions
183(2)
Application of These Theoretical Ideas to Gay and Lesbian Battering
185(1)
Anne Garner
Robbin S. Ogle
What Is Same-Sex Domestic Violence?
186(1)
Myths and Stereotypes Regarding Lesbian and Gay Domestic Violence
887(1)
Literature Review
188(8)
Application of Ogle and Jacobs' Perspective to Lesbian and Gay Battering and Battering Escalation
196(1)
Three Elements That Influence the Battering Interaction
196(1)
The First Element
196(2)
The Second Element
198(1)
The Third Element
199(2)
The Battering Cycle as an Interaction Process
201(3)
Conclusion
204

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