Battered Woman Syndrome - Research Paper Example

?Research methods Paper Battered Woman Syndrome project Order No: 763979 Sociology Introduction The research project will focus mostly on the “battered woman syndrome” doctrine. The purpose of this project is to determine or test the implications of this doctrine in the administration of criminal justice system. The theoretical perspective of this research project is based on the fact that in modern jurisprudence, this doctrine is an extension of the defenses of self defense and provocation. These are the criminal implications of the “battered woman” which the researcher will be testing. The subject of discussion refers to a situation where a woman experiences repetitive souvenir of violence over a period of time (Walker, 1979, P. 18). Such a woman is said to be in a close relationship with the batterer, who inevitably subjects her to psychological, emotional and physical abuse (Walker,1984, P. 203). In most cases, the batterer is her husband. Consequently, the woman loses self esteem, lives under subjugations, guilt and feeling of helplessness or becomes emotionally and psychologically defenseless as observed by King C.J, in Rv Runanjic and Kontinnen (1991). Therefore a woman living in such helpless psychological trauma could commit criminal acts because she is psychologically paralyzed, depressed and fearful per Coldrey J, in R V Brandley (1994). This incapability is caused by the long stay in a brutal environment with a person in close relationship making the woman a prisoner of the circumstance (McKahon, 1999, P.33). The researcher shall further test whether a battered a women reliance on this expert evidence in capital offences like murder and when charged accordingly, may rely on the (Walker,1984, P. 203). Murder in this circumstance will be discussed as a dependent variable, battering as the control or constant variable while the causes of battering such as psychological, emotional and physical abuse as the independent variables. In this paper, the researcher will use the explanatory research method and design while discussing relevant literature review on this subject, hypothesis, the variables and their attributes, measurement of the key variables, the research design and its elements, the sample and sampling technique as well as the validity and reliability of the measurement of the variables. The aim is to determine the theoretical and practical implications of the “battered woman syndrome” in the administration of criminal justice. After testing all the variables and relevant literature, the researcher will formulate conclusions “battered woman syndrome” is an extension of the defenses of provocation and self defence in the administration of criminal justice in relation to the hypotheses. The likely result is that a woman may be acquitted of the homicide if proved that she committed the criminal offence as a consequence of the “battered woman syndrome” (Walker,1984). Review of relevant literature In order to achieve the hypotheses, the author will examine the pros and cons of primary data on this subject matter. Prior to the acceptance of this syndrome in administering justice, it was argued by many criminal scholars that the doctrine did not show the psychological trauma that women under went as a consequence of being battered. Their argument was premised on the traditional law of self-defence based on one-off encounter between male strangers and duress based on one-off encounter rather than ongoing abusive relationship. However, it was later proved through expert testimony that “battered woman syndrome” helped to inform the courts of the emotional and psychological trauma that women under went and to modify traditional legal standards for self-defence. This was the work and effort of several writers, the most prominent one being an American Psychologist, Lenore Walker who conducted an extensive research on domestic violence and thus developed the “battered woman syndrome” in mid 1970’s (walker, 1979). Her initial findings were based on a non-random sample of ‘more than 120’ battered women and caseworkers who had been contacted, or were employed by social service agencies in the United States of America and England (Walker, 1983). She followed this initial study with in-depth interviews and psychological testing on a larger sample of American women obtained through referrals from women's refuges, hospitals, medical centres, lawyers, police, community groups, and through advertising (Walker, 1984). As a result, she appeared in many United States Court trials as an expert witness. It’s upon this backdrop that the researcher developed this explanatory research project and will show how relevant is this information on the public domain. According to her results, women who are battered suffer a pattern of violence by their male partners and this causes unabated psychological and emotional impact leading to the commission capital offences like murder. To test this, the researcher will have to carry out a quasi experiment of the same population sample. Based on this literature, the researcher will be testing whether on trial; the battered woman does not raise “battered woman syndrome” as a defence but as evidence supporting any of criminal law defences available like self defence or provocation. Taking the example of self defense, a person is deemed to be lawfully acting under self defence while protecting his life, family and property from the aggressor. It is only that person being attacked in most circumstances who may act in self defence not the aggressor. The force used should be reasonably proportional to the attack or threat occasioned. This proportionality must be left to the Court to decide and it is not automatic but will be weighed based on the evidence adduced to Court and the circumstances surrounding the case (Crimes Act, 1900, s.15A). This extends to this research project where a woman has suffered repetitive threatening violence and does all necessary means to preemptively defend herself, property and children even if it meant killing as upheld by Court in the case of Rv Runanjic and Kontinnen (1991). In this case, Vicky had suffered violence before and during marriage coupled with all kinds of threats, battering right from the honey moon, with her children suffering similar causality. Worse still, the man became extremely unbearable thus threatening not only her life but also the life of her children. Consequently, in an attempt to rescue her family, she killed him and she was according charged of murder. Based on the expert evidence, Court concluded that she was entitled to self defence through the expert evidence of the “battered woman syndrome” (Walker,1984). For the above reason, Primary data indicate that defensive homicide is a likely justification based upon the circumstances surrounding a battered woman. This homicide law was developed to purposely cater for these situations and to create a broader protection of vulnerable people like women in America and the whole world who suffer from “battered woman syndrome” per the Court in R v Lorenz, (1998). That it’s an alternative to the criminal law defense of provocation. In Vicky’s case, the fact that the deceased threatened the accused with words such as, “You’ll be next, you ugly bitch” after battering the child, was enough to make the woman act the way she acted. The facts also revealed that she had experienced inevitable violence, brutality and abuse. Consequently, she could not wait but to act accordingly in that provocative heat of passion and self defense (Absgate, 2010). This is the likely data to be investigated. According to Schopp, Sturgis & Sullivan (1994, p.12) although expert testimony regarding the “battered woman syndrome” has been widely endorsed by the courts, commentators and statutes, criticise this “battered woman syndrome” in a sense that it lacks empirical support as a clinical syndrome. However, later publications of Anna Motz (2000) suggest that the “battered woman syndrome” is usually subsumed within the diagnostic criteria for “Post-Traumatic Stress Disorder” common with the “battered woman syndrome” and still relevant in the administration of criminal justice. These among other relevant literatures, forms the basis of this research project for comparative purposes. The researcher will majorly focus on the criminal implications of this doctrine in the administration of justice which are that doctrine is characterized by fear, helplessness, shame, depression, isolation, guilt, passivity, low self-esteem, subjugations, defenceless, psychological paralysis as well as dependency due to the repetitive souvenir of violence over a period of time (Kromsky & Cutler, (1989). As the abuse continues, the woman learns that, regardless of her actions, she cannot control the beatings and she begins to assume that she has no control over her environment and therefore insecure (Walker, 1979). For this reason, it is expert evidence that supports self defence and provocation. Research methods It is a hybrid of both explanatory and descriptive research methods through systematic observation and analysis of the “battered woman syndrome.” However, the researcher will also employ the quasi-experiment on these women who suffer from battering. Such results shall be compared with the primary results. This is so because the researcher will be explaining the development of the doctrine and how it has impacted the criminal justice as an extension of the defenses of self defence and provocation as expert evidence. It is from this explanatory approach that the measurement of the variables, their attributes and Operationalization will assist the author to test the hypotheses and conclude that a woman may be acquitted of a homicide if proved that she committed the criminal act as a consequence of the “battered woman syndrome.” The researcher will point out that the psychological and emotional factors like subjugations, guilt and feeling of helplessness or defenseless which contributes to the commission or omission of those criminal acts due to the repetitive souvenir of violence over a period of time are a result of the controlling variable of battering. These explanations and descriptions will be very relevant to the research project when determining the effect of the independent variables on the dependent variables. Research hypothesis The research questions guiding the project in analyzing the hypotheses are; who is a battered woman? What are the legal implications of the “battered woman syndrome” in the administration of criminal justice? The hypotheses to be tested are; A battered woman is a woman of 18 years of age or over, who is or has been in an intimate relationship with a man who repeatedly subjects or subjected her to forceful physical and/or psychological abuse. Since this is a secondary research design, it shall be proved by medical and clinical research that battering affects the psychological being of a woman and it thus an extension of the defence of self defence (Walker, 1984, p.203). The doctrine is characterized by fear, helplessness, shame, depression, isolation, guilt passivity, low self-esteem, subjugations, defenceless, psychological paralysis as well as dependency due to the repetitive souvenir of violence over a period of time (Kromsky & Cutler, (1989). As the abuse continues, the woman learns that, regardless of her actions, she cannot control the beatings and she begins to assume that she has no control over her environment and therefore insecure (Walker, 1979). It shall also be proved that women are more likely to kill in a non-confrontational situation, likely to use a weapon against an unarmed abuser, and are likely to kill during a lull in the violence for example when the abuser is incapacitated by sleep, drugs and alcohol. Furthermore, they are more likely to kill in a domestic relationship, likely to know their victim, likely to be smaller and weaker and less likely to be trained in skills to defend themselves (Walker, 1979). The researcher shall investigate that there is reluctance by judges to let self-defence go to juries and reluctance by battered defendants to gamble on a plea of self-defence being successful. Traditional rules in self-defence relating to imminence, proportionality, and retreat, developed in relation to homicides involving male strangers, may be difficult for battered defendants to satisfy without medical or expert evidence. The legal concept of ‘reasonableness’, central too many contemporary tests of self-defence, may be difficult to reconcile with the acts of battered defendants who kill their abusers without subjecting them to medical expertise. Variables and attributes Under this section, the researcher earmarks the independent and dependent variables but also identifies a controlling variable used to manipulate the dependent and independent variables to get the results. Understanding the types of variable and their attributes in this research will help the reader to know how research data is obtained and analyzed. Independent variables are the predictors that help in determining the likely effect of the dependent variables. On one hand the battering of a woman resulting into psychological paralysis, depression, fear, shame, isolation, guilt, passivity, helplessness, low esteem and dependency are the independent variables. On the other hand, the results of battering include committing criminal act like murder. Murder in this case is the dependent variable because it a result of battering. Therefore, the causes are the independent variables while the likely effects of these causes are the independent variables. In reality, when dealing with these types of variables, communities and policy makers have to seek solutions to independent variables in order to reduce on the likely criminal acts committed. The research will examine how countries in the world have dealt with this problem to reduce on the crime. A reduction in the independent variable would automatically cause gradual change in the dependent variables. The control variable in this research is battering. When battering is controlled, the emotional and psychological effects of this doctrine will not occur and thus, there may be no criminal offense committed. Similarly, the offender cannot rely on this “battered woman syndrome” as evidence to plea self defence or provocation unless these defences were available under other circumstances other than battering. Therefore, battering is a controlling variable. It controls both the independent and dependent variables as far as this research project is concerned. Operationalization and measurement of key variables This will be based specifically on the dependent and independent variables because they can be manipulated to show radical changes in the measurements and results. This Operationalization and measurement is based upon the writings of Lenore Walker who observed that the “battered woman syndrome” doctrine has two unusual features, namely: the pattern of violence in the relationship and the psychological and behavioural cry for the female victim, and the behaviour and psychological characteristics of both the abusive male and the female victim. Walker’s findings and experiments indicate that 435 battered women from the Rocky Basin area of the USA were interviewed. Demographic information, personality profiles and details of battering incidents were obtained from these women, who were paid for their participation in the research study. The information on battered women was obtained from “self-report data” and “a self-referred and voluntary sample” Additionally, as most of the women were not living with their abusive partner at the time of interview, it’s important to note that the data were retrospective. The researcher will thus apply this methodology to answer the research question. Therefore, when the independent variables are measured proportionally with the dependent variables based on the above primary information from Walker’s writings and other writers, the researcher’s secondary findings would be that the “the battered woman syndrome” can be used as an expert evidence in Criminal courts to describe, a pattern of violence against a woman by her male close partner and its psychological impact upon her. If a criminal offence is committed as a consequence of this repetitive souvenir of violent attitude by the batterer, then she can plea self defence upon commission of an offence. A further analysis of the latest publications by Anna Motz (2000) suggests secondary findings that the “battered woman syndrome” is usually subsumed within the diagnostic criteria for “Post-Traumatic Stress Disorder.” These findings demystify a set of symptoms that follow exposure to a traumatic event thereby causing an individual to experience fear, helplessness and or horror. Features of “Post Traumatic Stress Disorder” include among others intense nightmares, grief, severe panic, guilt and denial (independent variables) which have also been specifically identified in battered women who kill their abusers. Killing is a dependent variable because it is as a result of the independent variables and the constant (control) variable, battering. A reduction in this controlling or constant variable would automatically cause drastic changes in the independent and dependent variable. This shows how the Operationalization and measure of the variables shall be conducted. Research design and the necessary elements of the research design In this research project, secondary data analysis shall be employed as the research design whereby, the author will collect, analyze and measure the already published primary data and makes conclusions relating to “battered woman syndrome” and as well its implication to the criminal justice system. In doing so, the author will manipulate the dependent and independent variables to obtain the hypotheses and to conclude that the “the battered woman” doctrine is an extension of the criminal defenses of self defense and provocation. This shall be done by taking raw primary data and converting it into useable secondary data for the readers. A critical analysis of already existing literature, especially the work of an American psychologist, Lenore Walker shall be the litmus paper for this project. From this primary data, the research question will be formulated and conclusions made. The elements of this research design chosen include analyzing already existing primary data including the published work of Walker on entitled “the battered woman syndrome” who conducted a non probability sample on 435 battered women from the Rocky Basin area of the United States of America. Accordingly, demographic information, personality profiles and details of battering incidents will be obtained from these women to reveal that Battering leads to subjugations, guilt and feeling of helplessness or defenseless, low self esteem, psychological paralysis and depression hence contributing to the commission of those criminal acts due to the repetitive souvenir of violent attitude by the batterer. As the abuse continues, the woman learns that, regardless of her actions, she cannot control the beatings and she begins to assume that she has no control over her environment. Similar works by Kromsky & Cutler, (1989), Absgate, (2010), McKahon, (1999, P.33), among others and a number of case law support these investigations. The researcher shall thus, convert such primary row data into usable secondary data, being guided by research questions and hypotheses. By relying on such primary data, the researcher will find that a reduction in the independent variable would automatically cause gradual change in the dependent variables. The control variable in this research is the battering. When battering is controlled, the emotional and psychological effects of this doctrine will not occur and thus, there may be no criminal offense committed. Similarly, the offender cannot rely on this “battered woman syndrome” as evidence to plea self defence or provocation unless these defences were available under other circumstances other than battering. Therefore, battering is a controlling variable. It controls both the independent and dependent variables as far as this research is concerned. All the above is evidence of a secondary research design to be employed. The reliability of these findings will be based on the secondary findings upon analysing the literature review. The findings will indicate that in considering of a battered woman, such evidence must be based upon the scientific observation and analysis. Courts should at all times test the scientific theory of an expert witness, weigh it against the error rates associated with it, determine whether relevant research has been published in peer-reviewed publications and whether the scientific basis of the theory has been generally accepted as per the primary results in the case of Daubert v Merrell Dow Pharmaceuticals Inc (1993). The researcher was able to collect this information upon reliance on secondary research design. Sampling technique and the sample The population to be sampled will be the battered women. Mostly, the researcher will rely on the non probability sample by Lenore Walker, (1979), who sampled 435 battered women from the Rocky Basin area of the United States of America. The sample will need at least 50 battered women, 5 medical personnel’s and 10 social workers. Accordingly, the sampling frame would be got using demographic information, personality profiles and details of battering incidents to obtain from these women. The aim is to reveal whether battering leads to subjugations, guilt and feeling of helplessness or defenseless, low self esteem, psychological paralysis and depression thus, contributing to the commission of those criminal acts due to the repetitive souvenir of violence over a period of time. This approach is a systematic sampling technique because it deals with a spatial group of people, “the battered women”, as ably discussed in the literature review. The researcher therefore will use this population to determine the implications of battered woman in the administration of justice. This is so because the population is significant to the research hypothesis in a sense that these are the ones who are affected by battering from their abusers. It relates well with the research question and would assist in identifying and measuring the variables and justification of this “battered woman syndrome” evidence as an extension of the criminal law defenses of self defense and provocation. Validity and reliability of measures The reliability of these findings is based on both primary and secondary findings upon analysing all relevant literature. The findings indicate that in considering of a battered woman, such evidence must be based upon the scientific observation and analysis. Another reliability of the measure is that Courts should at all times test the scientific theory of an expert witness, weigh it against the error rates associated with it, determine whether relevant research has been published in peer-reviewed publications and whether the scientific basis of the theory has been generally accepted as per the primary results in the case of Daubert v Merrell Dow Pharmaceuticals Inc (1993). The researcher will be able to collect this information upon relying on secondary research design. The validity of the research project is based on the fact that the “battered woman syndrome” is time tested evidence and has proved it is characterized by fear, helplessness, shame, depression, isolation, guilt passivity, low self-esteem, subjugations, defenceless, psychological paralysis as well as dependency due to the repetitive souvenir of violence over a period of time (Kromsky & Cutler, (1989). As the abuse continues, the woman learns that, regardless of her actions, she cannot control the beatings and she begins to assume that she has no control over her environment and therefore insecure (Walker, 1979). There is enough evidence to support this validity as seen from the literature review. Validity relates to the variables tested and measured. The control variable in this research is battering. When battering is controlled, the emotional and psychological effects of this doctrine will not occur and thus, there may be no criminal offense committed. Similarly, the offender cannot rely on this “battered woman syndrome” as evidence to plea self defence or provocation unless these defences were available under other circumstances other than battering. Therefore, battering is a controlling variable. It controls both the independent and dependent variables as far as this research project is concerned. References Absgate. (2010, August 13). Australia: Defensive Homicide law aids men not women. Retrieved June 7, 2011, from Defensive Homicide: http://abusegate.mensnewsdaily.com/2010/08/13/australia-defensive-homicide-law- / benefits-men-not-women Anna Motz (2000), “The Psychology of Female violence; Crimes against the Body.” Brunner- Routledge, Taylor and Francis group of publishers. Crimes Act, 1900 (NSW). Daubert v Merrell Dow Pharmaceuticals Inc (1993) SCSA McKahon, M. (1999, v. 6(1)). Battered woman and bad science: The limitted validity and utility of battered woman syndrome psychiatry. Journal of Psychology and law , 23-34. Rv Runanjic and Kontinnen, (1999) SCSA R V Brandley (1994) SCV, Un reported. R v Lorenz, (1998) SCSA 336 Schopp R.F, Sturgis B.J & Sullivan, M (1994) “Battered woman Syndrome; Expert Testimony of and the Distinction between Justification and Excuse. University of Nebraska –Lincoln College Law, Faculty publications. Walker, L. E. (1979). The battered woman. New York: Harper perennial. Walker, L. E. (1984). The battered Woman. New York: Inprint of Hypercollins Read More