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The Battered Woman Syndrome and Criminal Law

was sent to prison when she was eleven and that she was sexually abused as a child. Appellant further testified that she had been involved a previous abusive relationship that almost ended in her death. Psychologist Dr. Cynthia Carter testified that the appellant was a battered woman and that the deceased would not be afraid of the appellant if she had a weapon. Dr. Carter further testified that the appellant had just received the worst beating ever from the deceased and that she would not have used the gun unless absolutely necessary (State v. Williams pgs. 2-5).The appellant argued that the guilty verdict of voluntary manslaughter was against the weight of the evidence when the defense proved self-defense by a preponderance of the evidence. The appellate court did not agree with the appellant's assignment of error. However, the appellate court stated that the jury might have come to a different conclusion if instructed on the retreat doctrine pertaining to self-defense. The judgement was reversed and remanded for a new trial (State v. Williams pgs. 5-6).Even though the appellate court reversed and remanded the trial court's decision, it was not done for the right reasons. The testimony given by the appellant, immediate family, and experts should have clearly persuaded the jury to find Williams not guilty. The appellate court's decision shows how ineffective expert testimony on battered women's syndrome can be in our present court system. Case #3- State v. Thomas On September 15, 1993, Teresa Thomas was indicted for killing her boyfriend Jerry Flowers. At the trial, the defendant claimed that she had shot Flowers in self-defense and that she suffered from the battered woman syndrome. Thomas was found guilty of murder with a firearm violation on December 20, 1993. The Ohio Appellate Court's 8th district reviewed and affirmed the appeal. Appellant argues that the trial court failed to instruct the jury on the retreat doc...

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