摘要
The concept of "Battered Women Syndrome" emerged from feminist theory in the 1980’. Based on notions of Learned Helplessness and Cycle of Violence, the concept challenged traditional self defense in criminal law, arguing that neither "imminent danger" nor "proportionality" applies to battered women, because it takes man’s perception and experience as criterion. At present, battered women syndrome has been widely used as evidence in the form of expert testimony in criminal proceedings in the US and Canada. The concept, however, also has its limitation and uncertainty. Academic community in recent years has stressed the necessity of reconceptualization of battered women syndrome, or replacing it with "expert testimony on battering and its effects".This article focuses on analyzing inadequacies of battered women syndrome and approach to reconceptualizing it. The author suggests that during prosecution, the new "expert testimony on battering and its effects" may be relied upon to explain experience of battered women, so to enable procurators to have more opportunities to use this as evidence in favor of the victims of violence.
The concept of "Battered Women Syndrome" emerged from feminist theory in the 1980'. Based on notions of Learned Helplessness and Cycle of Violence, the concept challenged traditional self defense in criminal law, arguing that neither "imminent danger" nor "proportionality" applies to battered women, because it takes man's perception and experience as criterion. At present, battered women syndrome has been widely used as evidence in the form of expert testimony in criminal proceedings in the US and Canada. The concept, however, also has its limitation and uncertainty. Academic community in recent years has stressed the necessity of reconceptualization of battered women syndrome, or replacing it with "expert testimony on battering and its effects".This article focuses on analyzing inadequacies of battered women syndrome and approach to reconceptualizing it. The author suggests that during prosecution, the new "expert testimony on battering and its effects" may be relied upon to explain experience of battered women, so to enable procurators to have more opportunities to use this as evidence in favor of the victims of violence.
出处
《环球法律评论》
2003年第127期135-149,共15页
Global Law Review
