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Criticisms of battered woman's syndrome
Domestice violence and women in the united states
Domestice violence and women in the united states
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I agree with the jury in that he committed second degree murder because unlike criminals with schizophrenia, Kapsik had a clear sense of what was right and wrong and that “the voices” didn’t tell him to kill his
Since Dill appointed a lawyer that is limited to one thousand dollars, it also impacted his defense as the court claimed that his case had a lack of evidence to make reliable decisions. In the article, “Jimmy Dill” by, Equal Justice Initiative, tells us that the jury or the court, did not have any evidence about the victim did not die until nine months after the crime. “Neither the jury nor any court heard evidence about the circumstances under which the shooting victim did not die until nine months after the crime after evidence emerged that his caretaker failed to provide him appropriate treatment.” It is unfortunate for Dill that his caretaker did not give his proper treatment of his mental disability, causing the crime to take place and have a lack of evidence. Whether if justice and mercy are complementary or contradictory based on this certain case, it is clear that this case showing justice and mercy shows its opposition.
In this case due to the very general nature of the battered woman syndrome given from the expert and Heather there was no error in the directions given to the jury. 3. Significance This particular case is quite significant as it raised a fair bit of awareness about domestic violence and violence against women. The use of ‘the battered woman syndrome’ as a defense linked to self-defense, and the publicity surrounding the case meant that the general Australian public was exposed to the issue. As a result of the case, a feminist activist group called “The Release Heather Osland Group” fought for the emancipation of Heather, any other women in a similar situation to her and a change in legislation making ‘the battered woman syndrome’ an legal defense.
Knoller was charged with second-degree murder. The jury convicted Knoller based on a theory of implied malice. Knoller moved for a new trial and the trial court granted the motion. The trial court held that implied malice required a finding that Knoller was aware of the high probability that her conduct would cause another’s death, and ruled that Knoller lacked this awareness. The Court of Appeal reversed the decision granting a new trial, holding that implied malice only requires a conscious disregard of the risk of serious bodily injury to another, not an awareness that another person would likely die.
He pleaded not guilty to two charges of murder with premeditation and special circumstances. The prosecution was allowed to seek the death penalty because of the special circumstance under California law. California has a fetal homicide statute in which a fetus at least eight weeks of development old is considered an equal victim, so Scott was charged with two charges of homicide rather than one. Because of the extensive media coverage and the Peterson family’s involvement with the community, the trial was moved to San Mateo so Scott could have a better chance at a fair trial.
The case prosecuted under the court of Appeal of Ontario, Her Majesty the Queen v Danny Lalumiere, in 2011, was intended to appeal the conviction of counseling to commit murder. The appellant argued that the life sentence was not appropriate and was outside the range of sentences imposed on similar offenders for similar offenses. This is an example of a case where legal guilt was used to provide a conviction. The conviction of the appellant was based on the testimony of a psychiatrist doctor, Dr. Pallandi, who provided a profile of the accused and concluded that the appellant was pathologically predisposed to commit an offense. The appellate court ruled against the Crown’s decision at the trial, stating that the appellant lacked moral culpability for his offenses and therefore the sentence was not deserved.
There is also an inclination to believe that if he had not suffered from this state, then the offence would not have been committed, specially not in the barbaric way it was done. Thus, it cannot be concluded that the accused willfully preformed the act, nor that the mens rea and the actus reus coincided while he was not in a psychotic state. (Roach, 113) Related to this finding is another element that supports the verdict of the Honorable Judge, which is the Principle of Fundamental Justice that states that no one should be “punished for morally involuntary actions.” (Roach, 82) A person who successfully raises the mental disorder defence is considered to be morally innocent of the act because they were not acting freely, in this case, free from psychotic ideations.
In a 5 to 4 decision the courts ruled against Hendricks. The Supreme Courts agreed with the act the definition of mental abnormal is a condition that affects the emotions, and this predispose the person to commit sexual violent acts. This makes the person a menace to society affecting the safety and health of others. Also, the courts said the act was not a criminal proceeding, so double jeopardy and ex post facto is not a factor. Involuntary confinement was not a form of punishment, But The supreme court if agreed that the act made by Kansas would limited offenders eligible for confinements to those that can not control their dangerous situations.
In the book Post Traumatic Slave Syndrome written by Dr.Joy DeGruy she explains how the past events in American history has lead to post traumatic slave syndrome. She explains that the way African Americans were treated during the slave era and after has had an everlasting effect on African Americans. The book goes on to describe how America has been denying its past and has not helped to integrated and level all the playing fields for African Americans. The book brings to light how we can try to contribute in making America a fair and equal place for all as most claim it to be. Through the book DeGruy talks about the four major contributing factors for the reason why America is the way it is.
I ask you what is self defense when the man she murdered laided defenseless and unconscious on his bed? The defendant is only claiming that she acted in self defense to get away with the cold-blooded murder of the man she claimed to love. The defense during this case tried to convince you that Mrs. Stephens was a helpless abused wife. Let me ask you, is Mrs. Stephens helpless when she was able fire a gun and put three bullet holes in her husband? And how is she helpless when she was given many opportunities to escape from her husband for her safety and her children’s safety?
In his case, it can also be related to the Insanity defense that was in his opening statement a few days to a week ago. It was said that he had suffered from a mental illness that drove him to the point that he was not in his right mind when he was stabbing his teacher in order to avoid a heavier penalty; however, they still need some more evidence to show that it either have to do with his mental health or his age during that time. For Derek Medina case, it was said that he murdered his wife due to self-defense, like how it stated under Justifiable Use of Force that is also in Section 4 of Defenses to Criminal Liability. Derek Medina had said his wife had a knife in her hand and was trying to “harm” him at that time and because of that, he shot her. However, like it said in the textbook.
\At no time during the Memphis Police Department investigation did anyone mention that they were roommates. As a matter of fact, there were statements by the victims who addressed the offender as a neighbor. The Watson report list the victims in apartment 801 and the offender in apartment 802. Yes, I know and most people involved with Law enforcement know the requirements that need to be met for Domestic Violence case. Unfortunately, I would still shy away from what the offender says, when two victim accounts state that the suspect lives in a different apartment then them.
Whilst being questioned, Knight mentioned that she had amnesia, which was why she had no recollection of the murder. Because of this claim, Knight was seen by 3 different Psychologists, who all said that she did not suffer from dementia, however she was diagnosed with borderline personality disorder, but this disorder was not said to be the cause of her actions. In determining the sentence, the defense claimed there to be mitigating circumstances consisting
wants her trust back so that he can break it again. During the apology he pretends as though his actions were not really out of control and that they did not really hurt her physically or emotionally. He also over exaggerates his expression of how much he loves her and promises never to hurt her again. Walker illustrates this phase perfectly describing the abuser as a “little boy who has done something wrong, the child caught with his hand in the cookie jar. Confessing when caught and cries for forgiveness” (Walker, 65).
Social work practitioners are involved and aware of all social justice issues in the world today. Domestic Violence is just one major social justice issue which has become more prominent in the world. According to Royal College of Nursing (2013), domestic violence is an incident involving controlling and violent behaviour between intimate partners and/or family members. It also involves physical and emotional abuse. A practitioner working in the field of domestic violence can apply different theories in order to present the best possible outcome for the service user.
