The Problem of Battered Women in Canadian Courts

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Essay #: 061484
Total text length is 8,048 characters (approximately 5.6 pages).

Excerpts from the Paper

The beginning:
The Problem of Battered Women in Canadian Courts
Introduction
An ongoing contentious issue in Canadian courts, battered woman syndrome (BWS) made important advancements in the 1990 Supreme Court of Canada case R v.
Lavallee
. Following this decision, Canadian courts were then allowed to admit evidence of abuse of women by their male partners and evidence of expert testimony as part of a self-defense claim to killing their abusers (Tang 618). Importantly, Tang (2003) observes that BWS testimony serves two important functions:
It speaks to the mental state of the battered women (e.g., sense of fear and inability to leave their abusive spouses), and it dispels the misconceptions that jurors have about battered women, giving them a framework...
The end:
.....e the criminal liability that is most appropriate for each case, if any at all. For those women who killed their abuser in the course of imminent danger, then the traditional defense of self-defense can be imposed. This approach will eliminate the need the legal system having to learn the latest development of social science research on the battering of women, after all the courts should be focused on the law not on some circumscribed psychological realm.
Works Cited
Boyd, Neil. Canadian Law: An Introduction. Toronto: Nelson
Education Ltd., 2007.
Tang,
Kwong
-Leung. “Battered Woman Syndrome Testimony in Canada:
Its Development and Lingering Issues.”
International Journal of Offender Therapy and Comparative Criminology.
47.6 (2003): 618-629.