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The Battered Woman Syndrome and Criminal Law

, and showed a substantial increase in women being murdered by their husbands' (Downs pgs. 53-54). Statistical data has proven that more women are being battered and killed by their husbands every year. Since domestic abuse is on the rise, many women are choosing to defend themselves from continuous and unlawful abuse by their husband's. Part II: BATTERED WOMEN'S SYNDROME INSIDE THE COURTROOMThe women in the following three cases, although different in many aspects, used the battered women's syndrome theory at some part in their trials. These cases were chosen and analyzed to show the different affects that battered women's syndrome has on the verdicts rendered by our present court system. The resulting verdicts in these cases depend upon the defendant's actions, expert testimony, and the courts' instruction to the jury on defenses. Case #1- State v. VanSickleOn November 14, 1994, the Franklin County Court of Common Pleas found the defendant Tracy VanSickle guilty of voluntary manslaughter, a firearm violation, and abuse of a corpse. VanSickle was sentenced to serve seven to twenty-five years for the manslaughter charge, three years for the firearm violation, and one and one-half years for the abuse of a corpse. The issues appealed by the defendant pertain to the burden of establishing oneself as a battered woman, while proving the elements of self-defense. Appellant argues that the trial court erred, because of the testimony supporting her actions and the courts initial finding that she was a battered woman. The 10th district Ohio Appellate Court reviewed the case (State v. VanSickle pg. 1).Dr. Lenore Walker gave expert testimony at the trial court stating that the appellant did suffer from the Battered Woman Syndrome. Dr. Walker also testified that the appellant possessed a reasonable belief of great bodily harm at the time of the shooting. The appellant was found to be a battered woman by the trial court but was not found t...

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