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Battered Woman Syndrome as a Legal Defense: History, Effectiveness, and Implications. Brenda Russell. Jefferson, NC: McFarland, 2010, 256 pp., $45.00 (soft cover).
Brenda Russell has written the most thoughtful and best-researched book to date on the Battered Woman (and Person) Self-Defense (BWSD). Stemming back to the seminal work of Lenore Walker (1979), this legal defense goes to the state of mind of an abuse victim who eventually kills his or her abuser. It attempts to show how a fearful reaction was likely under the circumstances of an abuse dynamic, one that might have included threats of death and choking to unconsciousness (and also why leaving the abusive relationship was difficult, if not impossible, for the eventual perpetrator). As Russell points out, there has been considerable controversy surrounding BWSD. By initially referring to a battered woman "syndrome" (BWS), some argued that Walker pathologized the battered woman's state of mind, which then had to be compared to a self-defense standard of a "reasonable person." Russell includes a thorough review of relevant cases, including recent Supreme Court decisions and rules of evidence in BWSD cases-Fry, Daubert, and the Federal Rules of Evidence. She outlines several myths held by prospective jurors about BWSD (e.g., that the victims are usually murdered in their sleep), and then outlines the shifting definitions (e.g., battered woman self-defense, battered spouse self-defense, battered person self-defense) that differ from state to state.
Russell nicely reviews arguments from both sides in BWSD cases: Is it an excuse or a reasonable perception of imminent danger? There are arguments for both sides, and it is rarely simple. Interestingly, the idea of an "abuse excuse" originated in 1977 when Francine Hughes killed her husband in a nonconfrontational situation. Her lawyer argued temporary insanity and won. The case, however, perpetuated...