An Evolving Justice System?: how do we Best Meet the Needs of Battered Women who have Killed Their Abusive Partners?

Abstract

This thesis is concerned with the treatment of battered women who kill their abusive partners. The focus is on the criminal justice system's response to these women, addressing the question of whether or not their needs are being met by the system as it currently operates, and by the defences available in such cases The research is largely literature based, and includes the use of research in the area, court cases and case studies. Examining the history of homicide and the state's response to it, it is concluded early on that the criminal justice system response to homicide has evolved over time, to meet the changing needs of members of society. It is argued that the system has not, however, evolved sufficiently enough in its approach to battered women who have killed their abusive partners. The circumstances of homicide in general, partner homicide and then battered women who kill abusive partners are explored, in both the New Zealand and international context The existing defences of self-defence and provocation are then critiqued with regard to their usefulness in the circumstances in which battered women kill their abusers. Battered woman syndrome is discussed in the same context, and it is questioned whether or not this relatively new 'defence' has really improved the situation for battered women on trial for murder. The treatment of women within the criminal justice system in general is then examined, looking at the deep-seated biases present in the courtroom, and in society as a whole, that need to be addressed if the system is to evolve to the degree required. Finally, some alternatives to the defences currently available, as proposed by writers in New Zealand and overseas, are outlined and critiqued Recommendations are made for future areas to be looked at by those in the business of law-making and reform, and for future research.