Abstract
The book Defending Battered Women on Trial: Lessons from the Transcripts provides a thorough analysis of a case study research, exploring the trials of 11 battered women within the Canadian criminal justice system. However, the main intention of this book is to illustrate the use of battered woman syndrome within the battered woman’s plea of self-defense in spousal homicide trials. Professor Sheehy accomplishes this by leading us in depth through 11 trial cases, showing that the accused women are faced with an extremely difficult task in order to prove that they suffer from Battered Woman Syndrome and in light of that, that their actions were reasonable under the umbrella of self-defense.
After an introduction, the book comprises seven chapters, each presenting a narrative of case transcripts, followed by the conclusion and appendix of the book. In the first chapter, the author presents Lavallee’s trial, as one of the most significant Canadian cases of battered women who killed their abusers and claimed self-defense. Through the prism of this case, the author takes first steps to illustrate the Battered Woman Syndrome, its appearance in the criminal trial, and the evidence supporting it, namely, expert testimony about the effects of battered woman syndrome in order for jurors to understand the effects of battering. In regard to that, author also provides the historical perspective of the battered woman syndrome defense, showing that the prejudices battered women face, as well as the masculine bias of the legislation, represented a major obstacle for introducing this specific subclass of self-defense in the Canadian legal system. Furthermore, the chapter explores the efforts of the battered women’s movement to expose the phenomenon of the Battered Woman Syndrome within public and legal policy.
The chapters that follow (2–7) further illustrate the attempts of battered women to make criminal justice actors understand and justify their victimization syndrome in the light of a self-defense plea. Chapter 2 gives the insight into the case of a battered woman Bonnie Mooney and her intimate abusive relationship that did not end in killing male partner. This chapter strongly leads the reader toward understanding of why women stay in abusive relationships by presenting certain factors that influence such behavior. Apart from that, the chapter also tells us about the inadequate and negligent reaction of those whom society has entrusted the role of protecting battered women. Chapter 3 examines the defense of the accused battered woman Kim Kondejewski, who was charged with first-degree murder and addresses the issue of battered women being exposed to negotiation to accept pleading guilty to manslaughter, in exchange for murder charges being dropped. In that light, Kim Kondejewski’s case illustrates that battered women can be unaware of the opportunity to explain that their actions were driven by violent and abusive circumstances surrounding their intimate relationship and claim self-defense based upon such victimization. Furthermore, this case shows that the use of expert testimony evidence on battered woman syndrome can make self-defense available for planned and deliberate murder of the abuser. Chapter 4 addresses the issue of Aboriginal women charged with killing of their non-Aboriginal partners and their treatment within Canadian criminal justice system. The examined cases of Gladys Heavenfire and Doreen Sorenson suggest that there are many difficulties for battered woman syndrome to be recognized in the self-defense of Aboriginal women. This chapter describes that Aboriginal women’s experiences of intimate partner violence are affected by the colonial practices and policies and that these women are at the risk of discriminatory stereotypes within criminal justice system. Therefore, this chapter calls for understanding and considering background of Aboriginal women in the context of their legal defense, especially factors that discourage Aboriginal women from reporting domestic violence.
Chapter 5 follows on Aboriginal women, but this time on those who kill their Aboriginal male partners. By presenting trials of three Aboriginal women, this chapter explains the nature of violence Aboriginal women experience and their response to it. The case of Jamie Tanis Gladue provides an example of a battered woman whose guilty plea led to the situation where her Aboriginal background was not considered at sentencing, while the cases of Donelda Ann Kay and Denise Robin Rain illustrate situations in which Aboriginal women chose not to plead guilty and their struggle to fight stereotypes that shape negative images about Aboriginal battered women within criminal justice system. Chapter 6 looks at the use of battered woman syndrome in supporting a defense of Lilian Getkate at the murder trial. This case shows all of the challenges of offering battered woman syndrome to support a defense drawing on the circumstances of the battered woman’s life. In that context, this chapter describes that the violent acts of a battered woman do not always satisfy the requirements of battered woman syndrome during criminal trial, especially when they are committed in non-confrontational setting. In regard to that, author argues that in Lilian Getkate’s defense, coercive control theory could have been applied as a better strategy to support evidence of violent and continuous partner abuse. Chapter 7 gives the insight into the traumatic experience of battered women, showing that battered women experience both physical and psychological trauma, where some of them tend to cope with this problem by using alcohol and drugs. Furthermore, through the cases of Margaret Ann Malott and Rita Graveline, this chapter illustrates that in cases of battered women who kill, defenses of involuntary intoxication, provocation, and automatism are used as well. Finally, in conclusion, author addresses the issue of successful defense strategies and alternatives to battered woman syndrome, taking into account the provisions of the new law of self-defense.
Overall, this book provides a comprehensive and important contribution to understanding of the issue of the battered women defense in murder trials, and it is especially valuable for those readers who are not familiar with this issue. By presenting and analyzing battered women’s experiences, the author has succeeded in identifying the barriers and challenges these women face upon their decision to leave the abusive intimate relationship by killing their partners. Nevertheless, the author goes beyond highlighting the patterns of their legal struggle within the criminal justice system in Canada by suggesting changes in legal policies and practices regarding the battered women self-defense. This book is highly recommended for legal researchers and practitioners, criminal justice and psychology students, battered women activists, and all others who have interests in this field.