Achieving Peace of Mind: The Benefits of Neurobiological Evidence for Battered Women Defendants

نویسنده

  • Jozsef Meszaros
چکیده

Despite its potential to diminish the culpability of battered women accused of crimes, neurobiological evidence has yet to be meaningfully deployed in the interest of these defendants. This Article describes how neurobiological evidence can provide insights into the effects of battering, at both an individual and ecological level. Domestic violence prevention advocates and medical professionals are becoming increasingly conscious of the neurobiological consequences of battering, producing a wellspring of evidence with potential relevance to the battered woman's case. By distilling this evidence into tangible assertions admissible in myriad legal settings, this Article lays a foundation for the integration of neurobiological evidence into the defense of battered women. Breaking rank with contemporary literature on the subject, this Article adopts a position of pragmatic acquiescence to the continued use of the embattled battered woman syndrome. Unlike previous reforms advanced, neurobiological evidence does not necessitate the creation of new law nor does it entail the recognition of an archetypal battered woman. The evidence works cooperatively with existing defense strategies to provide a holistic account of battering for the purposes of reducing the battered woman defendant's

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تاریخ انتشار 2016