Premeditated but Not Guilty: The Rise and Fall of the Battered Woman Legal Defense Pubblico

Abstract

This thesis maps the court cases and events that contributed to the development of the battered woman legal defense. From the first cases integrating the legal defense into their trial strategy to its grant for further research in the Violence Against Woman Act of 1994, the battered woman legal defense gained significant recognition and acceptance from the legal community and broader society from 1970 to 2000. Development in the three decades of the legal defense coincides with the second and third waves of the feminist movement and the era known as the “culture wars,” where family values and the role of women were subjects of controversy and debate. However, the battered woman legal defense experienced a fall from grace during the late 1990s, beginning with discussions of how it pathologized women’s legitimate self-defense claims and culminating in the Section 40507 report issued by the Violence Against Women Act of 1994. My thesis will research the key events and cases that allowed battered woman syndrome to be codified as a defense to murder in the United States criminal justice system and evaluate how the social atmosphere of the 1990s and the third wave of feminism enabled its development. 

Table of Contents

Introduction                                                                                                            

Chapter 1: Origins                                                                                            

Chapter 2: The Framingham Eight                                                                        

Chapter 3: Movements, Legislation, and Controversy                                                 

Conclusion                                                                                                 

Bibliography                                                                                                        

About this Honors Thesis

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School	Emory College
Department	History
Degree	B.A.
Submission	Honors Thesis
Language	English
Research Field	History, United States Gender Studies Law
Parola chiave	Culture Wars Gender Socialization Feminism Criminal Justice Domestic Violence Psychology Legal History
Committee Chair / Thesis Advisor	Dr. Daniel LaChance, Emory University
Committee Members	Dr. Ju Hyun Park, Emory University Dr. Pamela Scully, Emory University

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