Touro Law Review
Abstract
Domestic violence is a silent killer that attacks quickly. This Note specifically discusses the Battered Woman Syndrome and the need to explore the current laws that “protect” this group. Current laws in a majority of states create a barrier that blocks battered women from obtaining the justice that should be given to all citizens. When the abused woman is at an impasse in her relationship, she may be forced to make a life-or-death decision. More likely than not, the result becomes the worst possible outcome. Domestic violence continues to be higher amongst women than men, where women are emotionally, as well as physically, withdrawn due to the abuse. This Note considers the various possibilities that may be taken by the different levels of government. More importantly, each state legislature can ensure safety by removing the cruel measures that battered women face. This would therefore change the assessment of who the true victim is in self-defense scenarios. New York is one of the leading examples of states moving with a sense of urgency while maintaining the other aspects of criminal laws. This Note does not ask for battered women to not pay for the crimes they commit. Rather, this Note brings awareness to the issues that occur in the courtroom and a solution by allowing this vulnerable group to rehabilitate while getting a fair trial. The fair trial begins with a change in our policies to lessen the strict scrutiny that duress or self-defense claims require. Put simply, imminence should no longer be a controlling factor.
Recommended Citation
Fink, Jacqueline
(2024)
"Imminence Should Not Be a Controlling Factor in the Duress Defense in the Context of Battered Women,"
Touro Law Review: Vol. 39:
No.
2, Article 12.
Available at:
https://digitalcommons.tourolaw.edu/lawreview/vol39/iss2/12