What is the “battered woman’s syndrome” defense?

The “battered woman’s syndrome” defense is a type of legal defense used in criminal and civil proceedings that use the facts of domestic violence in order to excuse the defendant’s action. It is used when a female defendant has committed a crime, such as assault or homicide, due to domestic violence. This type of defense can be used as a justification for behavior due to a mental illness or torture that was inflicted by the perpetrator of the domestic violence. In New York, the “battered woman’s syndrome” defense has been used in criminal cases to defend against a charge of first or second-degree murder. The defense claims that the defendant’s actions were taken due to a fear of the defendant’s abuser, and that the defendant believed that the abuser posed a serious physical threat to them. The defense is often used when the defendant has a history of being a long-term victim of domestic violence. The “battered woman’s syndrome” defense is part of the law in New York. It serves as a way to provide a defense for those who, due to years of abuse, find themselves in a situation where they are forced to defend themselves by any means necessary. The defense is seen as a way to help protect people who have become victims of violent crimes and recognize that they are sometimes victims of circumstance.

Related FAQs

What types of experts might be called to testify in a violent crime case?
What is the process for plea bargaining a violent crime case?
How is a sentence determined for a violent crime conviction?
What is the difference between murder and manslaughter?
What is the “Castle Doctrine”?
Is it possible to be released on bail after being charged with a violent crime?
What is capital punishment?
What types of evidence will I need to prove a violent crime case?
What types of evidence must be provided to prove an element of a violent crime?
Are there any special laws that provide protection for victims of violent crime?

What is the “battered woman’s syndrome” defense?

Related FAQs

Related Blog Posts