Tuesday, November 11, 2008

"I'm the Victim!": An Exploration of Battered Women Who Kill

Jady Voce (pictured right), who recently plead guilty for the stabbing of her husband, was the victim of battered woman syndrome. Contributing to the 10% of homicides in the United States committed by women as a result of abusive partners, her sentence of ten years in prison for first degree manslaughter (a reduced sentence as a result of a plea bargain) will be formally charged on January 5. Regardless of her decision to plead guilty, she is an example of a large population of women who suffer from this very abuse. Battered woman syndrome is defined as a "psychological condition where one’s perceptions of dangerous situations are triggered by events that outsiders would not perceive as life threatening but, are in fact related to and explained by long term, continual, psychological and physical abuse," as stated Dr. Lenore E. Walker, renowned expert on battered women. She identifies three stages in the process: the tension-building phase (mostly verbal bickering), acute battering incident (where the woman is injured as a result of the rage) and contrite phase (where gifts and promises lead women to believe that the abuse has occurred for the last time). In many cases, another added stage to this process is murder, as we see in Voce's case and a large number of other cases leaving convicted women in prison and some on death row. It is the rightful duty of the courts to convict these women for their crimes of homicide, however, their sentences should be reduced as a result of the strenuous mental, physical and emotional consequences invoked by the abuse endured.

The symptoms of battered wife syndrome include such items as impaired functioning, learned helplessness, fear and terror, diminished alternatives and hypervigilance to cues of danger (which is the ability to detect subtle cues of oncoming rage that otherwise would not be noticed). That being noted, women breaking the law by murdering their spouses should not be held to full account for their actions as a result of an inhibited mental state and emotional state. The main argument in favor of abuse victims is the imminent danger defense, with reasonable perception of imminent danger as a justified use of lethal force. Feeding off their increased fear, batterers often manipulate their victims with open threats, sometimes forcing them into positions of violence and homicide. Under such mental and emotional stress, it should not be considered out of the question for women to commit crimes of murder, especially co mingled with the emotions of fear and helplessness already instilled in victims of battered woman syndrome. By no means do I think that homicide in any form is justified, rather I find it necessary to employ delicacy when exploring the severity of the sentencing. Moreover, I am fully aware that not all share in such an opinion, their strongest reasoning being the availability of alternatives to homicide. According to the psychologist, attorney and law professor Charles Patrick Ewing, "the status of battered woman or even battered person is not and should not by itself be justification for homicide," and the use of psychological self-defense would only justify deadly force when utilized "to prevent the infliction of extremely serious psychological injury, [...] defined as gross and enduring impairment of one's psychological functioning that significantly limits the meaning and value of ones physical existence." Essentially, victims of such abuse should rely on law enforcement officials and alternative forms of social and psychological support instead of resorting to such an extreme "solution." Along the same lines, some argue the definition of "imminent threat" and question whether certain cases can reasonably be deemed as such a threat. Granted their beliefs do hold merit and would most likely be the actions I personally would want to employ, yet there are issues that arise within the argument. To a victim who may or may not have experienced years of emotional and psychological abuse, the concept of freedom and other alternatives may not be as evident as they appear to a layperson. Likewise, the image of imminent threat may be different in the eyes of a long-term victim who has undergone strenuous negative mental activity. In regards to Ewing's definition of psychological self-defense, it may be an accurate demonstration, but it creates a very narrow and unrealistic window of the natural, societal occurrences. The effects of psychological damage affect individuals in different ways and to different magnitudes, and where some may not be influenced in such dramatic fashions, others may experience more increased side effects. Although the justification does not necessarily rest upon scientific foundations, its support is rooted more upon common sense, the psychology behind human behavior and the understanding of different human perspectives.

The science of psychology leaves the door open for many different discoveries, concepts and ideas, due to the fact that the brain changes by the second and what was true one minute may be wrong the next. Thus, in regards to human behavior, it is best to leave an open mind and explore the possibility that others in a different mindset may act or react in contrasting ways. Victims of battered woman violence face psychological difficulties much different than the average individual, with their lives encumbered by this cycle of violence (see left). In the event that a woman does decide to kill her batterer, a crime has indeed been committed and the consequences should be enforced accordingly, however, because the crimes are very sensitive and unorthodox, they should be analyzed with a different level of thought and concern. Just as those who are mentally ill are treated as patients rather than criminals, these victims should be treated just as they truly are- victims to crimes who do what they believe to be in their best health and emotional interests. Jady Voce may not be the perfect example, but she is one of the multitudes of women who are beaten and abused. In the event that such a woman should be tried, perhaps the jury should take a deeper exploration into the mindset of the battered woman and the variety of driving forces leading her to kill.

1 comment:

Amanda Weinstein said...

Kim,

Wow, what an interesting post from you this week! Even if the topic is in a sense morbid, I applaud you for writing about such a relevant topic that is not so often brought to public attention. In your post, I thoroughly enjoyed the way in which you started your blog with an engaging short sentence of "She killed him". Immediately a sentence like that made me and I'm sure many other readers very intrigued to carry on reading. I think you did and excellent job of using not only written evidence and support but also visual support as well. This was evident in your circular chart that displayed the stages that battered woman endure and a cycle.The visuals that you chose were not too "sterile" looking but they were also not too graphic to look at for such an intense topic. I think putting a graph in really helps your readers to visually connect with the material that they are reading. Also, I think it is really important that you chose to research this topic intensley and get direct quotes from experts on the issue of battered woman such as Dr Lenore Walker who states, "psychological condition where one’s perceptions of dangerous situations are triggered by events that outsiders would not perceive as life threatening but, are in fact related to and explained by long term, continual, psychological and physical abuse”. All in all, I think you had an extremely strong post this week that related well in conjunction with all of your other posts and can’t wait for next weeks topic!

-ajw

 
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