Nupur Nataraja
This
blog post explains battered spouse syndrome (BSS) and briefly looks at how it may influence jury decisions. Battered Spouse
syndrome is more commonly known as battered woman syndrome (BWS). In the late
1970s, Dr. Lenore Walker first proposed the term ‘battered woman syndrome’. The
syndrome describes the violence found in abusive relationships, and the
psychological impact that this violence can have on the victim.
After
extensive research, Dr. Walker identified the cycle of violence theory which is
a monotonous three phase cycle that illustrates the battering relationship. The
first phase is the tension-building phase. This is categorized by ‘minor’ abusive
incidents such as outbursts and verbal threats. The first phase of minor
abusive incidents eventually lead to the second phase, referred to as the acute
battering phase, which is followed by the third phase, loving contrition or
absence of battering. During the absence of battering, the abuser vows to never
harm the victim again by professing his/her love. The victim, almost always, believes
the abuser. However, eventually, the cycle continues.
Lenore
Walker also proposed a psychological reasoning to explain how the battered
victim can feel psychologically imprisoned in an abusive relationship. The
nature of the violence seen in these relationships is monotonous yet
unpredictable. This eventually diminishes the battered victim to a state of
psychological helplessness. This theory of learned helplessness clarifies how a
battered victim may see the batterer as omnipotent. This makes leaving
difficult as they feel leaving would not stop the violence towards them. The
continuous battering, without any consequences for the batterer, confirms the
victim’s belief of the batterer’s dominance. The loss of contingency between
the victim’s behavior and the battering leads to learned helplessness.
The battered woman syndrome testimony speaks
of the victim’s mental state. It provides contextual understanding on why the
victim perceived themselves of being in imminent danger that forced them to
attack the batterer. The theory of learned helplessness, along with the theory
of violence and the battered spouse syndrome, helps the jury understand why the
victim remained in an abusive relationship. Since its introduction into the
courtroom, the admissibility of this form of expert testimony has sparked debate
and controversy. Within the psychological and legal populations, the validity
and applicability of the syndrome evidence to claims of self-defense have been challenged
and critiqued.
The
researchers were critiqued over the singular portrayal of the battered victim
as passive and helpless conveyed through the testimony. They said battered
spouse syndrome testimony fails to take into account the variability in
battered spouse reactions and response. The critics of the testimony also expressed
their concern with usage of the term ‘syndrome’. In their opinion, this
terminology was likely to be interpreted as an illness or clinical disorder by
the jurors. They thought characterizing the victim as an ‘irrational and damaged’
spouse would be more ideal.
Taking
the critiques into consideration, there have been immense empirical research on
the impact of battered woman syndrome evidence. Most of this research employs
juror stimulation techniques. By means of this approach, mock jurors are
presented with stimulated trials wherein they are asked to render a verdict and
provide their judgements about the defendant and the case. The mock trials vary
the presence or absence of the expert testimony. Comparisons of the jurors’
responses across different versions of the trial are made to access the impact
of the testimony. Most research studies have found little evidence for the
impact of battered woman syndrome evidence. Although, there was evidence
presented with the notion that battered woman syndrome evidence is likely to be
allied with interpretations of psychological dysfunction.
On
the other hand, Regina Schuller’s research suggests that the exposure to the
testimony does result in more lenient verdicts and more favorable evaluations
of the defendant. The mixed research results suggest that an alternative form of
the testimony must be adapted that emphasizes the social aspects of the
battering relationship and omits the term ‘syndrome’ for more fair verdict decisions.
Works
cited
- Walker, L. E. (1992). Battered women syndrome and self-defense. Notre Dame Journal of Law, Ethics & Public Policy, 6, 321-334.
- Walker, L. E. (2000). The battered woman syndrome (2nd ed.). New York: Springer.
- Schuller, R. A., & Jenkins, G. (2007). Expert evidence pertaining to battered women: Limitations and reconceptualization. In M. Costanzo, D. Krauss, & K. Pezdek (Eds.), Expert psychological testimony for the court (pp. 203-225). Mahwah, NJ: Lawrence Erlbaum.
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