NCJ Number
126888
Journal
Washington and Lee Law Review Volume: 45 Issue: 4 Dated: (Fall 1988) Pages: 1527-1547
Date Published
1988
Length
21 pages
Annotation
A claim of psychological self-defense is not an adequate defense for a battered woman who is prosecuted for homicide for killing her husband, but the theory of psychological self-defense underscores the need for courts to recognize that battered women's actions are often reasonable and justifiable.
Abstract
These battered women are often unable to satisfy the strict requirements of self-defense, especially regarding the imminence of the danger and the necessity of using deadly force. To overcome this problem, psychologist and attorney Charles Ewing has proposed the theory of psychological self-defense. This theory justifies the use of deadly force to avert extremely serious psychological injury caused by repeated physical and emotional abuse. Ewing also asserts that women should be justified in using deadly force even during nonviolent periods. However, his theory has been criticized for several reasons, including its lack of guidelines for determining whether the killing was just or unjust. Nevertheless, his theory underscores the need for avoiding a narrow interpretation of self-defense in examining cases involving killings by battered women. 175 footnotes