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The Battered Woman Syndrome and Criminal Law

lems that battered women face when using the self-defense justification. The decision also shows the need for a more gender-based defense when dealing with abused women. In society today, women are fighting back against their violent abusers and the problem doesn't seem to be going away. If the self-defense justification is not going to protect the women in our society, then we must examine the defenses that have proven to be effective.Part III: NEW CRIMINAL DEFENSESThe most important part of battered women's cases is the defense. Most women who are indicted for murdering their husband's chose to use the self-defense justification. The case examples in the segment above clearly proved that this defense is ineffective when used by battered women. Since the self-defense justification has failed to serve abused woman, we must investigate some of the new defenses that are presently being implemented. The defenses that were analyzed are excessive self-defense and psychological self-defense. These defenses, if adopted by the U.S., could help many battered women escape culpability and rebuild their lives.The Country of Germany, unlike the U.S., has taken the necessary steps to unsure that battered women have a fair chance to defend themselves. Germany undertook this reform to help battered women, and the courts, better understand the imminency and excessive force elements of self-defense. The first major problem facing abused women is that most of these women can not adequately defend themselves without a weapon. Most battered women use some type of weapon to protect themselves from their attackers and are blamed for using excessive force. The second problem facing abused women is that the danger they perceive is not imminent. Many women who attack their abusers do not do so when the danger is immediately present. These very important elements must be proven if a woman is to be acquitted of the charges (Dubin pgs. 11-12).In order...

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