Battered Women's Syndrome Case Study
Question 5: Is “battered women’s syndrome” a defense to a charge of murder in South African law? Introduction
In South African law we are faced with a problem or rather a question that must be answered. I draw your attention to the following question:” Is “battered women’s syndrome” a defense to a charge of murder in South African law?” In this discussion I will evaluate the facts of this matter and come to answer for this daunting question and I will critically asses how in our law the fact that an accused has been a victim of domestic violence is taken into account when determining criminal liability.
My discussion will mainly be focused on how a cycle of domestic violence may constitute as legitimate reason for a “battered women” to exercise
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Judgment should not be passed on the fact that an accused battered woman stayed in the abusive relationship. Still less is the court entitled to conclude that she forfeited her right to self-defence for having done so” [6] in S v Engelbrecht.
The law does not require that an abused woman must leave the relationship or expect an ordinary person to show acts of heroism. For someone to escape criminal liability by relying on private defense, they must prove that their actions were appropriate and necessary in those circumstances.
In S v Engelbrecht (6) the accused had been the victim of physical and psychological abuse for a number of years. The deceased, threatened to kill the accused if she talked to their daughter after an incident. The accused suffocated her husband later that night while he was sleeping. The judge held “ there is indeed compelling justification for focusing not only on the specific form which the abuse may have over time and in particular circumstances, but pertinently on the impact of the abuse upon the psyche, make-up and entire world view of an abused
Summary Of R V Lavallee 1989
1256 Words | 6 PagesShane’s assessment was corroborated by descriptions of battered woman syndrome in various forms of literature, helping the jury understand the extent of Lavallee’s mental state that was affected by the abuse and the reasons for her action. After reviewing the evidence, the Court stated that “ Expert testimony is admissible to assist the fact-finder in drawing inferences in areas where the expert has relevant knowledge or experience beyond that of the lay person” (R v. Lavallee, [1990] 1 SCR 852), because this applied to the jury’s process in deciding, by allowing them to understand the components of battered woman syndrome. Furthermore, a new trial would be unnecessary because the Court reasoned that both the jury and the trial judge were presented with enough admissible evidence to know that Lavallee was battered repeatedly and brutally by Rust throughout their relationship.
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Questions On Attempted Carjacking: People Vs. Alfred Garcia
1485 Words | 6 PagesCrime victims like Lucia and Rosalvas play an important role in the criminal court system. “Beyond the need for victim cooperation to successfully prosecute many crimes, the courts and the people that work in them have a moral obligation to treat victims with respect and dignity. (Craig Hemmens, 2017)” Lucia Garcia in my opinion did not help the case, because she kept stating that the incident that took place was an accident and that it was her own fault. Although Rosalvas Sandoval stated that her was in fear of her own life when Mr. Garcia attempted to carjack her brothers truck when she was sitting on the passenger side. One victim in my opinion helped the case against Alfred Garcia, when one victim stood beside the defendant during the length of the
Mr. Smith Case In Defense Of State V. Black
1113 Words | 5 PagesEmma Hodges Topic 2A Defense of Mr. Smith While Mr. Smith is accused of assault, we can see that this is not true when we examine the precedent set in State v. Black. To examine both cases it is important to first know the circumstances of each. In State v. Black, the wife started a fight in which the husband, after much provocation, dragged her to the floor by her hair. In Mr. Smith’s case, his wife initiated an argument, within earshot of the couple’s eight-year-old child and a neighbor’s child, over the family’s finances and her husband’s drinking. Mr. Smith, overwhelmed by his wife’s screaming, threatened to hit her unless she stopped.
Chef Ablazey Case Study
2538 Words | 11 PagesMs. Tesyev’s case is distinguishable from Placanica v. State because unlike the victim in that case, Chef Ablazey never claimed to be afraid or distressed. In fact, Chef Ablazey stated that he did not initially call the police because he is “used to dealing with people who don’t like him that much.” He also stated that he finally called the police because he could not afford to continue to have his car re-washed and re-waxed. Similarly, unlike the defendant in Kilby v. State, Ms. Tesyev was not attempting to contact Chef Ablazey at the restaurants, and Chef Ablazey stated that he saw Ms. Tesyev only once, while she was driving away. In this regard, Ms. Tesyev’s case more closely aligns with that of Moran v. State.
Rhetorical Analysis Of Kinkel Vs The State Of Oregon
1013 Words | 5 Pages* * * I feel that it would be impossible to ensure that there were the safeguards in place to protect society from your possible actions.” (victim parent, 2002). As empathetic starts, citizens will side with the victims of the defendant’s crimes because they belief the defendant’s crimes were out of evil and cruel torture and deserves all the punishment he can get and not get a break and let back to society where he has the ability to commit potential
The Case Of Esther Summerson And The Criminal Code Of Canada
984 Words | 4 PagesKeeping the facts of the case in mind the accused was aware of her husband’s tendencies towards acting angrily and impulsively, Creakle’s rage at Esther’s departure was further fueled by their prior argument. After she told him to “go away” the reasonable person would believe that if she could no longer see him he had taken heed to her advice. Knowing the nature of her husband Esther was cautious and double checked to confirm he had left, due to her restricted visibility she was unable to see him. In this situation, her actions did not fall below the expected standard of care as she was cautious towards the outcome and took steps to ensure Creakle’s safety. As was ruled in Beatty (2008) if a reasonable person holding the knowledge of the accused, could not have foreseen the consequences of their actions they are not morally blameworthy, and therefore lack the mens rea necessary for the criminal offence (Verdun-Jones, 2015, p.120)
Tara Brown Murder Case Summary
334 Words | 2 PagesIn the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.
Dangerous Exits Book Report
1627 Words | 7 PagesIt is never fair to ask “Why will she not she leave?”. A victim can be defined as “an individual who has been confronted, attacked or violated by a perceived predator, resulting in short or long term physical and/ or mental injuries as a result.” (Burgess, Regehr & Roberts, 2012, p. 10). All of the women were victims to ongoing abuse by their partners and were at constant risk for revictimization. This further grasps the term of intimate partner violence which overarches what type of situations, these women were exposed to (Burgess et al., 2012, p. 290)
Domestic Violence: Spousal Abuse In The United States
1282 Words | 6 PagesSpousal Abuse People often turn away from issues that do not affect them, but this only lets the issue grow further until there is nothing left to do but deal with it. This could be why domestic violence has been taking place for centuries now. One issue that comes with domestic violence is spousal abuse- a problem that only seems to be getting worse, with ten million victims being beaten by an intimate partner each year (“Domestic Violence”). Although spousal abuse seems to be an ongoing issue in the United States, efforts are being made at both national and local levels to suppress the violence.
State Vs Mire Case Summary
557 Words | 3 PagesCase: State v. Mire (2016 WL 314814, 2014-2295 (La. 1/27/16)). Facts: On February 9, 2011 Quint Mire shot and killed Julian Gajan during an out-of-season deer hunting trip In Little Prairie marsh. Mire picked up all of his shell casings and did not attempt to help Gajan. Mire did not go straight to the authorities but he tried to cast suspension on others.
Feminist Theory Of Domestic Violence
1232 Words | 5 PagesUniversally, domestic violence is referred to abusive behavior that is used by the intimate partner to control or power over the other intimate power. This can be in the forms of psychological, sexual, economic or emotional threats or actions that will influence your partner (Kindschi,2013).Domestic violence studies provides that psychopathology, which happens when in violent environment in child development can make the argument of domestic violence progress of being a generational legacy (Kindschi,2013).I chose to write about the Feminist Theory to explain why people commit domestic violence. It believes that the root causes of domestic violence is the outcome of living in a society that condones aggressive behavior by men, while women
The Pros And Cons Of Domestic Violence
1165 Words | 5 PagesThe Good and the Bad Victims of domestic violence are not at fault for the abuse that is inflicted upon them. A lot of people ask why the victim stayed in the first place, but in some cases the answer is not always so simple. According to Why Do Abuse Victims Stay, “We often put ourselves in the place of the victims and imagine ourselves leaving at the first signs of abuse. But breaking free of abuse is not simply a matter of walking out the door. Leaving is a process.”
Psychodynamic Theory Of Domestic Violence
1617 Words | 7 PagesSocial 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.
Essay On There Should Be Tougher Law Enforcement To Protect Against Domestic Violence
951 Words | 4 PagesI strongly believe that there should be tougher law enforcement to protect against domestic violence. No one should experience or be exposed to domestic violence for it; affects family life’ increase the crime rate in countries, and it affects one’s body and mind. Firstly, domestic violence causes a number of effects on family life, it affects how family members relate to one another because they will not feel the appropriate
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