Intimate Partner Violence

A collection of flashcards covering key concepts and legal standards related to intimate partner violence and battered woman syndrome, based on lecture notes for PS250.

What is required to claim self-defense in a legal context?

An active/imminent threat, no easy means of escape, use of reasonable force, and the castle doctrine.

What does the castle doctrine imply regarding self-defense?

If you are in your own house, you don’t need to back down or run away.

What is Battered Woman Syndrome (BWS)?

A psychological condition that can arise from experiencing prolonged intimate partner violence.

What criteria are used to assess if an individual is experiencing Intimate Partner Violence (IPV)?

Determine symptoms of BWS and the state of the individual at the time of the crime.

What is an important question concerning financial control in IPV cases?

Who has control over financial resources?

What are the Mohan criteria in relation to legal testimony?

Criteria that govern the admissibility of expert testimony in court.

How can expert testimony on BWS impact legal proceedings?

It can help clarify misconceptions and provide a credible link to mental disorders.

Why is mentioning the cycle of abuse important in court cases involving IPV?

It explains the victim's continued feeling of danger and threat.

What is the subjective standard in the context of IPV?

Whether the individual felt under threat.

What is the objective standard in the context of IPV?

Would a third person agree that the individual was under threat?

What is meant by learned helplessness in IPV relationships?

The inability to escape due to feelings of helplessness and past failures.

Why might leaving an abusive situation not be feasible for some victims?

Financial constraints, children, isolation, and fear of worsening abuse.

How does proportionality factor into self-defense claims?

The response must be proportionate to the threat faced.

What impact can severity of past abuse have on legal arguments in IPV cases?

It influences whether the response to abuse was seen as proportional.

What potential legal outcomes can arise from BWS evidence?

Charges may be dropped or reduced from first-degree murder to voluntary manslaughter.

What is jury nullification?

A situation where a jury finds a defendant guilty but chooses not to impose punishment.

How can expert testimony on BWS educate the jury?

It provides context for the defendant's mental state and experiences.

What might hinder a defendant from successfully claiming self-defense?

If their actions don't match the recognized symptoms of BWS.

What implications does being financially trapped have on a victim's options?

It limits their ability to leave the abusive situation.

What considerations must be made regarding threats of harm in IPV cases?

Whether explicit threats were made against the victim.

How does intoxication of the abuser impact IPV claims?

It can affect perceptions of imminent danger at the time of the incident.

What might indicate that an IPV victim is isolated?

Lack of support networks or resources to escape.

Why is it significant to assess the physical differences in a violent altercation?

Many women may be at a disadvantage in physical confrontations due to size or strength.

What is the relationship between IPV and PTSD?

BWS can be tied to PTSD due to the trauma experienced.

What role does expert testimony play in challenging misconceptions about IPV?

It can clarify expert knowledge and address public misconceptions.

Why is it vital to discuss psychological conditions with the lawyer beforehand?

To prepare for how these conditions can be presented in court.

What question arises regarding avenues of escape in IPV cases?

Why was simply leaving the situation not a feasible option?

How can the physical experiences of abuse influence legal arguments?

They affect how the severity and responses to the abuse are perceived.

What are the ramifications if the defendant matches symptoms of BWS?

It can lead to a more lenient sentence or a better outcome in court.

Why is the assessment of immediate threat crucial in IPV cases?

It determines the justification for self-defense claims.

What does the term 'imminent danger' refer to in self-defense laws?

A perceived immediate threat that justifies defensive actions.

How can isolation affect a victim's ability to escape IPV?

They may feel they have nowhere to go or no one to turn to.

Why is it important to understand the cycle of abuse?

It helps explain the psychological impact on the victim.