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Bachelor Thesis from the year 2019 in the subject Sociology - Law, Delinquency, Abnormal Behavior, University of Newcastle, course: LLB Law, language: English, abstract: This paper will focus on explaining why trying to categorize "Battered Woman Syndrome Cases" under one defense is not only simplistic, but naive and unjustified. The defenses available to battered women who kill should be specific to the circumstances of the case, as violence which occurs in an intimate and private sphere cannot be adequately understood unless it is analyzed in its specific context. There is a clear difference between women who kill their abusers as a result of their psychological state, and those who do so by exercising their lawful right to self-defense. For this reason, it will concentrate on the distinctions between battered women who suffer from BWS and kill their abusers in non-confrontational situations, and battered women who do not suffer from BWS and kill in confrontational situations.
Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
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.
Extrait de la couverture : "Debunking the myths about domestic violence - in defence of battered women who kill : *why do men abuse?, *why don't abused women leave them?, *why do some women kill?, *and why they qualify for legal defence? The Justice for Women Campaign was initiated in 1998 by the Centre for the Study of Violence and Reconciliation. As its name suggests, the campaign seeks to promote the just and equitable treatments of battered women who have killed their abusive partners. The Campaign has three main goals : reforming legal defences to murder and sentencing guidelines ; establishing a review mechanism to allow for the early release of women who have killed abusive partners ; and providing legal and support services to women assisted by the Campaign."
A compassionate look at 42 battered women who felt "locked in with danger and so desperate that they killed a man they loved"; scholarly and compelling.
The second edition of this award-winning textbook has been thoroughly revised and updated throughout. Building on the success of the first edition, the book continues to address the History and Practice of Forensic Psychiatry, Legal Regulation of the Practice of Psychiatry, Psychiatry in relation to Civil Law, Criminal Law, and Family Law. Important sections such as Special Issues in Forensic Psychiatry, Law and the Legal System, and Landmark Cases in Mental Health Law are included. Designed to meet the needs of practitioners of forensic psychiatry, for residents in forensic psychiatry, and those preparing for the specialty examination in Forensic Psychiatry of the American Board of Psychiatry and Neurology, this volume will also answer the many questions faced by mental health professionals, mental health administrators, correctional health professionals and correctional health administrators, attorneys, judges, probation and parole officers and administrators all of whom, at one time or another, require a substantive presentation of the entire field of forensic psychiatry in the USA.
"This book focuses on how the principles and empirical knowledge within behavioral science can inform and improve firearm-related policy, practice, and research. It features a formal framework for the assessment of civilians seeking firearms permits, reinstatement of their firearms subsequent to revocation, and considerations for relevant others"--
This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. Review of Previous Edition: '... undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart, Criminal Law Review
In this latest edition of her groundbreaking book, Dr. Lenore Walker has provided a thorough update to her original findings in the field of domestic abuse. Each chapter has been expanded to include new research. The volume contains the latest on the impact of exposure to violence on children, marital rape, child abuse, personality characteristics of different types of batterers, new psychotherapy models for batterers and their victims, and more. Walker also speaks out on her involvement in the O.J. Simpson trial as a defense witness and how he does not fit the empirical data known for domestic violence. This volume should be required reading for all professionals in the field of domestic abuse. For Further Information, Please Click Here!