NCJ Number
140293
Journal
Columbia Journal of Law and Social Problems Volume: 25 Issue: 2 Dated: (1992) Pages: 277-312
Date Published
1992
Length
46 pages
Annotation
Feminists argue that legal standards in criminal law reflect male experiences, standards, and judgments on male interactions and that these standards are used to judge the actions of female actors. This is particularly apparent in rape trials, where requirements of corroboration and cautionary instructions, the fresh complaint rule, and evidentiary rules relating to prior conduct focus on the victim rather than the offender.
Abstract
This article proposes a test for admission of psychological evidence relating to battered woman syndrome and rape trauma syndrome that would enhance juror understanding of the female experience while effectively limiting value-laden judgments that could prejudice the jury. The liberalization of evidentiary rules and the adoption of the Federal Rules of Evidence have paved the way for acceptance of these types of testimony. This article examines the evidentiary treatment of expert witnesses prior and subsequent to the adoption of the rules of evidence and assesses the validity of some older evidentiary doctrines. The insanity defense is examined in terms of how the law has dealt with scientific determinations in that area. The courts' experiences with testimony concerning battered woman syndrome and rape trauma syndrome are discussed. The author explores the most recent trends in these cases and proposes a method of treating psychological evidence based on that analysis. 232 notes