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DOMESTIC VIOLENCE: BATTERED WOMEN WHO KILL

Mickey D. Cockerill
B.S., Baptist College, South Carolina

THESIS

Submitted in partial satisfaction of

the requirements for the degree of

MASTER OF SCIENCE

IN

CRIMINAL JUSTICE

AT

CALIFORNIA STATE UNIVERSITY, SACRAMENTO

SUMMER
1988
 DOMESTIC VIOLENCE: BATTERED WOMEN WHO KILL

A Thesis

by

Mickey D. Cockerill

Approved by:

-/" " , Chair

Dr. Thomas R. Phelps

tA-t bl, /,' , Second Reader

D5r. res M. Poland

Date:____________

ii
Name of Student: Mickey D. Cockerill

I certify that this student has met the requirements for

format contained in the Manual of Instructions for the

Preparation and Submission of the Master's Thesis or

Master's Project, and that this thesis or project is

suitable for shelving in the Library and credit is to be

awarded for the thesis or project.

Thomas R. Phelps, Graduate Coordinator Date

Department of Criminal Justice

Accession For
NTIS GRA&Ic
DTIC TAB 0
Uniannounced 0
I Justifieation

By . .
Distribution/_____
Avallablltty Codes
Avail and/or
!Dtst |PA!al
 Abstract

Of

DOMESTIC VIOLENCE: BATTERED WOMEN WHO KILL

by

Mickey D. Cockerill

Statement of Problem:
The high prevalence of domestic violence within American

society indicates a problem of serious dimensions.

Spouse abuse has become the "norm" rather than the
"exception" due to antiquated concepts of roles in marriage

and in many cases, little regard for women's rights.

Despite legal precedent and protective statutes against

assault, domestic abuse cases are seldom prosecuted, unless

someone is seriously injured or killed. Many battered women

are discouraged against pressing charges against their

abusers and continue to participate in a violent marital

relationship. Others decide the only solution to ending the

violence is murdering their abusive partner.
The purpose of this study is to address the Issues and

controversies associated with battered women, with

particular emphasis on battered women who kill their spouses

after prolonged and repetitive periods of physical,

emotional or psychological abuse.

iv
Sources of Data:

Informational sources for this research are the

available professional journals and periodicals, magazine

and newspaper articles, and books written by experts on this

subject.

Conclusions Reached:

The study focuses on the perceptions commonly held by

various members of the behavioral and social science

professions, criminal justice practitioners and the media,

of the battered woman who kills, and how these perceptions

impact her treatment within the criminal justice system.

It is hoped that this study will act as a catalyst for

changing these perceptions, and increase both the

availability of support serviccs for battered women, as well

as non-criminal justice alternatives to society's domestic

violence problems in the future.

Committee Chair's Signature of Approval '''""

v
 ACKNOWLEDGEMENTS

The successful completion of this thesis would not have

been made possible without the assistance and support of

several people.

First, I would like to express my gratitude to the

United States Air Force, who sponsored my graduate program

at California State University, Sacramento, and made it

possible for me to obtain my master's degree in criminal

justice.

Second, many thanks to Dr. Thomas Phelps, my thesis

chair and graduate coordinator, who provided outstanding

advice, guidance and moral support throughout my entire

graduate program and especially during the completion of

this thesis. I would also like to thank Dr. James Poland,

my second reader, for his assistance in the final reading of

my thesis.

Third, special thanks to Captains Ulysses Middleton,

Ruth Strong, and Tom Taylor, and my other classmates, for

providing unselfish assistance and moral support during our

joint graduate school venture.

Finally, a special thank you to my professors In the

criminal justice department, my family, my friend Sandra,

vi
and all the rest of the "California Crew," who gave me their

support and the constant encouragement needed to

successfully complete my graduate program.

vii
 TABLE OF CONTENTS

ACKNOWLEDGEMENTS .......................................... vi

Chapter

I INTRODUCTION and HISTORICAL BACKGROUND ............ 1

Statement of the Problem ...................... 3

Purpose of the Study .......................... 4
Focus and Scope of the Study .................. 5
Procedure and Methodology ..................... 5
Definition of Terms ........................... 6
Footnotes ...................................... 8

II LITERATURE REVIEW and CONTROVERSIAL ISSUES ........ 9

Victimology: Who Is The Real Victim in
Spouse Murder ................................. 9
Psychological Profile of the Male Batterer ....... 12
Psychological Profile of the Battered
Female Murderer ...... ...............
Critical Incident, Modus Operandi and
Other Significant Factors .................... 15
Additional Psychological Factors That Effect
Homicide: Disassociative Reaction ........... 16
Case Histories: Patricia Brooks and
Kay Sandiford ................................ 17
Sociological Perspectives: The Family ........... 19
Socioeconomic Profile of the Battered
Female Murderer .............................. 21
Media Perspectives ............... ...... 22
Criminal Justice Perspectives
Spouse Murder: Justification or Excuse ...... 26
Advantages and Disadvantages of Self
Defense and Excuse Defenses .................. 31
Policy Issues .................................... 32
Myths About Battering: Agreements and
Disagreements By Scholars and
Practitioners ................................. 33
Conclusions and Recommendations .................. 36
Footnotes ........................................ 38

viii
III CONCLUSIONS AND RECOMMENDATIONS .................. 43

Projects and Programs Worth Replication

in the Community ............................. 46
Future Needs ...................................... 47
Contributions to the Criminal Justice
Field ........................................ 48

BIBLIOGRAPHY ........................................... 50

Ix
 CHAPTER I

Introduction and Historical Background

Spouse abuse has existed since the beginning of time and

up until recently, was a reservoir of victimization that was

permitted to exist and thrive within our culture. 1 Domestic

violence exists on all levels of our society and is not

modified by income, educational level or social class,

despite popular beliefs to the contrary.

Throughout history, women have been portrayed as little

more than the "possession" of the man who marries them.

Assault of a woman by her spouse has long been considered a

"family" rather than a "legal" matter. Courts are reluctant

to "usurp" a man's authority over members of his household

or invade the privacy of his domain.

Physical domination of wives was first evident in the

ancient laws and customs of Rome and the first known "law of

marriage" was formalized in 753 B.C. by Romulus and is

partially quoted as such: ... (required married woman) "as

having no other refuge, to conform themselves entirely to

the temper of their husbands and the husbands to rule their

wives as necessary and inseparable possessions."

 2
2
According to early English law, even if a husband

killed his wife, it was not considered a major offense.

Yet, if a wife killed her "lord and master," it was

portrayed as an act comparable to treason and punishable by

death. The influence of English law on the laws in the U.S.

was evident until 1871, when the laws changed to make it

illegal for a man to physically assault his wife.

Despite the history of spouse abuse, no American

jurisdiction legally permits a hts,.and to strike his wife.

Physical assault against a spouse falls under various

assault statutes, depending on the jurisdiction, and is

punishable by imprisonment and other sanctions.

In the period between 1960 and 1965, researchers focused

on family violence, but attributed any reports of spouse

abuse to an isolated group of men and women who possessed

personality disorders. 3 It was not until 1970, that the

field of victimology focused on spouse assault and

recognized the high percentage of women who were routinely

assaulted.

A 1980 study by Straus, Gelles and Steinmetz 4 indicates

that out of 2,000 married couples surveyed, 28 percent

reported at least one instance of physical abuse within

their relationship that year and 16 percent reported at

least one instance of physical abuse within their

relationship the year prior to the survey. A Harris poll,

conducted in 1975, indicated that 21 percent of married

 3
female respondents had been attacked at least once by a male

partner.5

In 1982 a National Crime survey indicated that 91

percent of violent crime between spouses resulted in the

woman being victimized, while only 5 percent resulted in

victimization of the male. The remaining 4 percent may be

6
attributed to unreported victimization of either partner.

Statement of the Problem

The high prevalence of domestic violence within American

society indicates a problem of serious dimensions. Spouse

abuse has become the "norm" rather than the "exception" due
to outdated concepts of roles in marriage and in many cases,

little regard for women's rights. The hesitancy of a law

enforcement officer to "interfere" in a domestic disturbance

or arrest an abuser perpetuates the violence.

Although there are laws to protect a woman against her

abuser, she is often discouraged against pressing charges

against him and encouraged to settle the matter outside of

the legal system. Domestic abuse cases are seldom

prosecuted unless someone is seriously injured or killed.
The "unofficial" practice known as "the forty stitch

rule," prevalent in many poor, 9rooklyn, New York

neighborhoods perpetuates such outdated attitudes towards

Drosecution in domestic violence cases. It states that no

 4

felonious assault charges will be filled against an

assailant unless the combined injuries of the victim exceed
7
forty stitches.
Education of the public and awareness training for law

enforcement, medical and social services personnel may

assist in changing some attitudes towards domestic violence

and assist in the recognition of the "signals" of an abusive

and violent marital relationship before it ends in murder.

Policy implemented on the law enforcement and court

level which provides battered women with support services

and legal protection from assaults may prevent abused women

from feeling that murder is the only solution to their

problems.

Purpose of the Study

The purpose of this study is to address the issues and

controversies associated with battered women. My intention

is to illustrate that the perceptions on battered women who
kill commonly held by various members of the behavioral and

social science professions, criminal justice practitioners

and the media impacts on the treatment of the "real victim,"

i.e. the battered wife, within the criminal justice system

and Impedes successful resolution of society's domestic

violence problems in the future.

 5
Focus and Scope of the Study

The focus of this study will be the plight of married

battered women who experience prolonged and repetitive

periods of physical, emotional and psychological abuse at

the hands of their spouse and eventually kill their

abuser. I will focus on the personality traits of battered

women who kill and those traits of the men they become

involved with, as well as the type of marital relationship

and history of abuse, that sets the stage for murder.

This study will identify and analyze the perceptions of

this problem as expressed in the writings of behavioral and

social scientists, criminal justice practitioners, other

clinicians and the mass media.

Such perceptions of women who kill because of long term

victimization influences the availability of non-criminal

justice alternatives to problem resolution.

Procedure and Methodology

This study consists of an extensive review and analysis

of professional journals, books, periodicals, key studies

and case histories addressing the subject of battered women

who kill. Contemporary literature used in this study will

provide the reader with a well formulated presentation of

the issues and controversies that surround this subject, as

 6

well as the viewpoints of the current experts and observers

in this area.

Definition of Terms

1. Abusive Matrix: "Certain personal characteristics

usually present which increases the risk of

violence. These Include: a past history of

violence or exposure to violence in childhood,

feelings of low self esteem, powerlessness and

dependence, social isolation and lack of

social supports, a history of drug or alcohol

abuse, the presence of an illness that affects

thinking, the presence of a provocative

victim.

2. Battered Woman Syndrome: "Patterns of violence

typically experienced by battered women and

the psychological impact this violence has on

women.1,9
3. Cycle Theory of Violence: "Three distinct phases

of the battering cycle which explains how

battered women are victimized, fall into

learned helplessness behavior and why they do

not attempt to escape their circumstances.

These phases are best described as the tension

building phase; the acute battering incident;

 7
10
and the calm, loving respite."
4. Learned Helplessness: "A theory which postulates

that a battered woman believes that anything

she does will not alter the outcome of her

situation. She responds to repeated beatings

in a passive, helpless manner, and refuses to

leave her batterer, although she has the

capability to do so. " "

5. Spouse Abuse: "Any behavior demonstrated by either
marital partner which results in the

mistreatment, injury or victimization of the

other through physical, emotional or
12
psychological means."

6. Victimology: "A field within criminology which is

devoted entirely to the study of the victims

13
of the crime."
 Footnotes

1 Angela Browne, When Battered Women Kill (New York: The

Free Press, 1987), 2-3.

2 William Blackstone, Commentaries on the Laws of

England, bk. 4 (Philadelphia: R. Welsh and Co., 1897), 1602.

3 Angela Browne, When Battered Women Kill (New York: The

Free Press, 1987), 3.

4 Murray A. Straus et al., Behind Closed Doors: Violence

in the American Family (New York: Doubleday, 1980), 121.
5 Angela Browne, When Battered Women Kill (New York: The

Free Press, 1987), 4.

6 Angela Browne, When Battered Women Kill (New York: The
Free Press, 1987), 7.
7 Andrew Karmen, Crime Victims: An Introduction to

Victimology (Monterey, California: Brooks, Cole, 1984), 165.

8 Michael Weissberg, Dangerous Situations: Maladaptive
Responses To Stress (New York: W.W. Norton and Company,
1983), 175-177.

9 Lenore E. Walker, The Battered Woman (New York: Harper

and Row, 1979), 16.
10 Lenore E. Walker, The Battered Woman (New York:
Harper and Row, 1979), 49.
11Lenore E. Walker, The Battered Woman (New York:
Harper and Row, 1979), 41.
12 What Everyone Should Know About Family Violence
(Massachusetts: Channing L. Bete Co., 1986), 6.
13 Morton Bard and Dawn Sangrey, The Crime Victim's Book
(New York: Basic Books, Inc., 1979), 96.
 CHAPTER II
Literature Review and Controversial Issues

Victimology: Who Is The Real Victim in Spouse Murder?

Several controversial issues emerged during the course

of my review and analysis of literature that addressed the

subject of battered women who murder their spouses.

One dominant theme present throughout was the question

of who was the real "victim" in these cases, the murdered

spouse, or the wife who survived years of physical,

emotional and psychological abuse and ended this torture in

one final, desperate act.

How is it that some women can survive years in an

abusive relationship without killing their husband, while

others will continue in the same type of violent, marital

relationship and end it in murder?

1
Angela Browne, social psychologist and leading
authority on women who murder their spouses, noted that

there Is very little difference between these two groups of

women with the exception of the types of men they are

involved with during the course of their marriage. She

postulates that the men who died exceeded the limits of the

9
 10

violence their wives had come to accept and escalated their

violence with little or no remorse.

2
Michael Weissberg, a psychiatrist whose work deals with

maladaptive responses to stress, perceives the increased

risk of violence in cases involving spouse abuse as the

result of certain characteristics which are present in both

individuals involved in an abusive marital relationship.

He maintains that it is difficult to identify

individuals who will always be violent; however, their

personal histories and previous behavior provide some

similar characteristics when assessing their ongoing violent

relationships.
These predominant characteristics, identified in his

"abusive matrix" are usually present in one or both

individuals: a past history of violence or exposure to

violence in childhood; feelings of low self-esteem;

powerlessness and dependence; social isolation and lack of a

support system; a history of substance abuse (predominantly

alcohol); the presence of an illness which affects the

thinking process (i.e. psychosis or brain tumor); and the

availability of a victim. The presence of these traits, and

a volatile combination of additional factors within a

violent relationship, alters the balance of power and

results in the abuser becoming the victim.

Marshall Houts, 3 former deputy coroner and chief

investigator in over six hundred murder cases, argues that

 11

the personality of the "partner in crime" (i.e. the murdered

husband), his conduct and attitude towards his wife, as well

as the type of relationship they shared, are crucial factors

in the spouse becoming a victim of murder. Houts contends

that the "victim" (i.e. husband), by subconscious or

intentional action, actually "asks" for death. He contends

that spouse murder occurs as the result of frequent, intense
battering which progresses over a period of time. The final

act of spouse murder results when the beatings become more

frequent and intense, the injuries more severe and when the
husband shows little or no remorse for his actions.
With these factors taken Into consideration, one comes

to understand how an abusive relationship could terminate in

murder, but what "maintains" this type of relationship

against all odds during the period prior to murder of the

spouse?
Lenore Walker, 4 psychologist and "expert witness" in

cases where women have murdered their batterers, focuses on

two conditions which "perpetuate" abusive relationships:

the "learned helplessness" syndrome and the "three stage

battering cycle."
In the former, a battered woman is convinced that

nothing she does can help her out of her abusive situation,

so she seldom leaves it. It is as if she accepts the

"status quo" of the relationship and the violence associated

with it, and feels she has no control over what is happening
 12

5
to her.

With her acceptance of a certain predictable pattern of

violence, she becomes caught up in a "battering cycle" which

reinforces her presence within the relationship. The three

"stages" of the cycle demonstrate why battered women stay in

an abusive relationship and why the cycle is repeated over

and over until a "critical incident" marks the husband for

death.

The cycle can best be explained as the first, slow,

tense escalation of violence, followed by the battering

incident, and followed by the period of reconciliation where

the batterer is contrite for his actions and showers his

wife with affection, gifts and promi3es never to abuse her

again. Most women are seduced into remaining with the

6
abuser at the final stage.

Psychological Profile of the Male Batterer

The husband who abuses his wife appears to come under

two distinct categories. The first type may appear

"normal," be a good family provider, and never be violent

with anyone but her. The second type has a previous history

of problems with his aggression in both his family and

social relationships, and in most cases has a record of

7
trouble with the law.

A common denominator both types of these abusive men

 13

share is a feeling of inadequacy in some area of their lives

(i.e., family life, sex life, career), and low self

esteem. Some experience depression, guilt and shame over
their behavior, yet seem unable to control the "spiral of

violence.
Many are extremely jealous and wish to control all

aspects of their wive's lives, often creating conflict over

minor issues or where none exist. They exhibit a strong

desire to isolate and overpower their mate through physical,

psychological or emotional intimidation.

Most abusive males seem to have problems communicating
their needs to others and resort to violence when

frustrated. Their emotional pattern demonstrates a lack of

ability to discharge emotion and hostill.ty in a constructive

fashion.
Alcohol or drug abuse is usually present in the makeup

of these men and many use this as an excuse for their

violence, when in reality it is simply a crutch.
Some men demonstrate a distinct "disassociative

reaction" during a battering incident. 9 This can best be

described as a loss of inhibition and self restraint

(usually alcohol, drug or stress induced) during which the

husband acts violently with little or no recall of the

abusive behavior afterwards. It is as if he "stepped

outside himself" and watched someone else commit the

violence.
 14

Psychological Profile of the Battered Female Murderer

A psychological profile derived from the battered female

population indicates two distinct types of women who will

murder the men who abuse them.

The "covertly hostile" personality type, also known as

the "supercultural murderer," is usually not a violent

person, but she murders violently. She learns to express

hostility only when It is safe. She is over-inhibited and

has no outlet for her aggression until the explosive

situation culminating into the one murderous act. These

women share the same psychological profile as women who kill

their own children. Their mates are often hostile and

abusive, but the women are afraid to fight back. They are

usually mothers, poor homemakers, and people who experienced

superficial interpersonal relationships with others. Often

they feel wronged and deluged by excessive demands from

family members. They deny the murder at the time of its

commission, and show little remorse or sense of loss

thereafter. 10

The "masochistic personality," also known as the

overcontrolled-hostility type, is emotionally stable, with a

good reputation, often religious, and well controlled,

reliable and productively employed outside the home. She is

married to an abusive, unstable mate. After years of abuse

she commits a violent murder, often while being beaten, or

 15

protecting a child from being assaulted or when fearful of

having a child or herself killed. A "disassociative
reaction" 1 1 occurs as the result of prolonged mistreatment
and intensifies with the frequency and severity of abuse.
After killing her partner violently, she calls for help and

exhibits some degree of shock. She expresses sorrow, loss,

remorse and depression. This personality profile is seen in
12
the majority of spouse murders.

Critical Incident, Modus Operandi and

Other Significant Factors

A "key" or "critical" incident emerges in the history of

those battering relationships which end in the death of a

male partner. This can be as important as the personality
traits of the abuser and his victim or the type of violent

relationship they shared over time.

Each of the involved women decided that their partner

was totally out of control and unremorseful for his
actions. When the violence escalated in both frequency and

severity of injuries, most felt that they or a child would

soon be killed. Additional verbal or implied threats of
being murdered or having q child or beloved pet murdered
accelerated the situation. 1 3

When this critical point had been reached in the

relationship, each woman felt trapped and made a final

 16

decision that all alternatives had failed to produce

meaningful results. Each chose murder as the only solution

to ending the violence.
In most cases, the murder was unpremeditated and

occurred while the husband was incapacitated by sleep or

alcohol. Other cases demonstrate the wife retaliating at
the moment of the attack, or shortly afterwards, often with
the same weapon with which she had been previously

threatened. Guns were used in 81 percent of the murders,

knives 7 percent, automobiles 7 percent, and the remaining 5

14
percent is attributed to other methods.

Additional Psychological Factors That Effect Homicide:

Disassociative Reaction

According to Schmidt's Attorney's Dictionary of

Medicine, the definition of "disassociative reaction," used

in defense of battered women, is the following: ... "an

emotional state in which the person's behavior and general

functioning becomes disassociated or separate from his/her

conscious awareness so that he/she may carry out various

acts, including highly complex and organized behavior,

without any conscious awareness or later recollection of

doing so. During the performance of such acts the patient

may appear to be entirely aware of what he/she is doing, but

afterward has no recollection whatsoever for his/her

 17

behavior. 15
This concept of "disassociative reaction" has been used

in the skillful legal and psychiatric defense of battered

women who murdered their spouses and will be discussed under
the perceptions shared by both the criminal justice system

and the media during the trials of women accused of

murdering their husbands.

Case Histories: Patricia Brooks and Kay Sandiford

On May 5, 1964, Patricia Brooks' husband of sixteen

years came home and threw a glass of beer into her face in
front of the children. He was drunk, belligerent and
argumentative and told her, "he ought to kill her," then
dragged her into the bedroom and slapped her in the face.
She arose from their bed, walked approximately six feet,
loaded a gun, and fatally shot him in the head.
Despite a history of severe and systematic beatings over

a prolonged period of time, hospitalization for her

injuries, and sexual abuse, Mrs. Brooks never resisted, or

showed anger and never resorted to legal protection. She

claimed she had never contemplated violence towards her
husband, but feared "cracking up" and harming her four

children.
The criminal justice system initially ruled out both

self defense and temporary insanity as a plea. Medical

 18

tests uncovered no organic brain disease or abnormal brain

wave pattern. She was simply an accused murderess, and was

treated as such.

Finally, during the course of a psychiatric interview,

Patricia Brooks admitted, "she stood outside herself and

watched herself kill her husband." This reaction, known as

a "disassociative reaction" became the basis for her

successful legal and psychiatric defense and won her

acquittal.16

The concept of disassociative reaction is discussed in

trial accounts of women who have used this form of

psychiatric defense. Noteworthy was its success in the

murder trial of Kay Sandiford. 1 7 Lenore Walker served as an

"expert witness" and provided key testimony on both the

disassociative reaction and the battered women's syndrome on

behalf of Mrs. Sandiford.

Kay Sandiford was an exception to the commonly held

stereotype of the poor, uneducated wife who murders her

husband. Instead, she was from an upper class background

and was a well respected Texas socialite. She murdered her

famous surgeon husband after years of battering and threats

of murder.

Initially, Mrs. Sandiford was sentenced for a twenty

year sentence for voluntary manslaughter, but upon review

and Dr. Walker's testimony, it was determined that she

experienced the disassociative reaction during the actual

 19

murder. She was subsequently fined ten thousand dollars and

given ten years probation.

Sociological Perspectives: The Family

It is noteworthy that many battered women maintain a

facade of the idealized family, and struggle to maintain

family life despite repeated beatings.

Society supports the concept of the nuclear family and

continuously reinforces it through economic, educational,

social and religious institutions.1 8 Family ties are

expected to be maintained in spite of adversity and until

recently, a woman had no alternatives but to remain with her

batterer.

Richard Gelles states, in his highly acclaimed work, The

Violent Home, that "we are still convinced that in most
cases a marriage license also functions as a hitting

license. '19 He also found that many incidents of violence

between married partners were considered by them to be
normal, routine and generally acceptable.
Wolfgang and Ferracuti reinforce this belief in their

book, Sub-Culture of Violence by stating that, "The

normative system designates that in some types of social
interaction a violent and physically aggressive response is

either expected or required of all members sharing in that

20
system of values."
 20

It appears that spouse abuse not only affects the

principals involved, but particularly influences the

children who are observers of such violent relationships.

Many of the children involved in violent family

situations have definite sex role expectations placed upon

them throughout their childhood and may act accordingly in

their adult lives. Young boys may assume that men should be

aggressive and violent, while girls may be encouraged to be

passive and defenseless. These stereotypes are often

reinforced through parental attitudes and behavior, and

early exposure of the child to violence within the family

unit.

A social learning theory, known as the

"intergenerational transmission of violence" explains how

patterns of violence can be passed on from one generation to

another.21 It postulates that a child who observes violence

in his environment may imitate the behavior he is exposed to

and feel violence is an appropriate way to express his

emotions and deal with life's crises.

Straus, Gelles, and Steinmetz observed in their 1980

published study of couples that, "Each generation learns to

be violent by being a participant in a violent family -

22
'Violence begets violence'.,,

Murder Indeed begins at home. In 1956, a study

conducted by Marvin Wolfgang on murder between spouses

indicated that between 1948 and 1952, there were 621

 21

m, rderers and 588 murder victims in the Philadelphia area

alone. One hundred of these victims were spouses of their

killers, and forty-seven were husbands killed by their

wives. Of the entire female murderer population, 45 percent

murdered their husbands. Eighty-five percent of these

murders occurred in the home: 23 percent in the bedroom,

although most died in the kitchen, usually the victim of a

knife or gunshot wound.23

Wolfgang also found that the slayings were more often

than not precipitated by the husband, through provocation,

2
assault or serious threats to the well being of the women. 4

Socioeconomic Profile of the Battered Female Murderer

Who are the women who kill their husbands?

Predominantly, they average 36 years of age, and have an

average of two children. Sixty-six percent are Caucasian,

22 percent black and 12 percent are Spanish, Chicano or

other ethnic origin. Forty-six percent are working class,

25 percent middle class, and 25 to 29 percent are lower

class. Seventy-one percent have completed high school,

while 21 percent completed college. Forty-eight percent

presented a stable work record during their marriage, while

15 percent worked sporadically, with the remainder relying

exclusively on their husband for total financial support.

The length of their relationships averaged 8.7 years prior

 22

to the murder and many were in a relationship with a man

25
from a lower social class than themselves.

Ward, Jacksc, and Ward conducted a study in 1969 which

noted that women who murder their husbands had the highest

age when first arrested, least extensive or a non-existent

prior criminal record and the largest proportion of

alcoholics and highest incidences of emotional disturbance

or diagnosed psychosis compared to other female offenders in

California.26

Media Perspectives

Press coverage of cases where battered women murdered

their husbands have not adequately informed the public about

the plight of the battered woman. This is especially true

in the initial media accounts describing the crime.

Instead, sensational summaries of these cases have stressed

sanctions of how the murderous woman had "got off scot

free." This impression has contributed to the widely held

and erroneous belief that more and more women are literally

walking away from murder.

After Francine Hughes was acquitted, columnist Richard

Cohen of the Washington Post headlined, "VIGILANTE JUSTICE

BACK IN WOMEN'S MOVEMENT." 2 7 Another article in Time, the

weekly news periodical, noted that "an array of women have

managed to walk away unpunished after killing their husbands

 23

or even former husbands." 2 8 The byline on the news account

was emotionally entitled, "A Killing Excuse." Included in

the listing of women cited in this article was Francine

Hughes and another woman named Gloria Maldonado, who shot

her husband while he was beating her eight-year-old son.

Mrs. Maldonado's case was clearly "self defense" and was

never prosecuted by the state attorney, yet she was

29
perceived by the media as a murderess.

In January 1978, Newsweek, an opinion-forming mass

circulation weekly, concluded that the cases in their

article entitled, "Wives Who Batter Back" established a

trend that advocated legitimate violent retaliation against

those who use violence and concluded that such a response by

30
the victim is a form of frontier justice.

New York Times reporter Anna Quindlen stated that "the

publicity the acquittals have received presents a danger

because of the tendency some women may have to see that as a

solution." She reiterated that the acquittals "confirmed

31
some men's worst notions about the women's movement."

By 1979, the controversy had lessened, but anxiety

remained high. Women who killed their husbands were still

newsworthy. A story in the March 1979 issue of New West was

entitled "Chano and Blanche: A Ballad of Love, Death and

Law in Tulare County," was not a ballad. Rather, it retold

the story of a battered and sexually abused Idalia Mejia,

who had shot and killed her husband, Ralph, in 1977, and who
 24

had been cleared of murder charges after three separate

trials. 32

In April of the same year, the homemaker periodical,

Family Circle, published the story of a battered Michigan

woman named Patricia Gross who shot her husband during an

attack in 1978. She was later acquitted. The article

sympathized with women driven to defend themselves, but
reinforced the media generated concept that women were
"getting away with murder" with increased frequency. 3 3

National newspapers such as the Washington Post or New

York Times reported cases of women acquitted of spouse
murder who had used abuse as a justification for murdering

their husbands. Evelyn Ware and Sharon McNearney were two

such women who were mentioned frequently by the mass

media. Both were acquitted in 1977 while experiencing

unrelenting publicity surrounding their trials.

Ironically, several other murder trials in which women
murdered their boyfriend or husband occurred during the same

time period. These women were not considered "newsworthy,"

since each had received prison sentences. A typical example

of this media treatment was the news coverage of the Marlene

Roan Eagle trial. She was acquitted in 1976 on grounds of

self defense while protecting her unborn child at the time

34
that she murdered her battering husband.

During the same timeframe, the first degree murder trial

of Barbara Jean Gilbert in Maryland, went virtually

 25

unnoticed by the press. Ms. Gilbert had received a life

sentence plus five years for using a concealed weapon during

the crime. She was retried in 1978 and received an eight

year sentence for involuntary manslaughter in the murder of

35
her husband.

Selective journalism had been found to influence public

opinion towards the battered woman who kills. Tis form of

journalism exists when a writer relates to the reader only

"select" pieces of information, with emphasis on information

of a sensational or emotional content. In the process,

often significant and highly Important facts are either

eliminated or portrayed in a fashion which only tells a part

of the true story.

A case in question is that of Jennifer Patri. She

killed her husband with a 12 gauge shotgun several weeks

after Francine Hughes had set fire to her husband. Time

discussed her upcoming trial in an article focusing on women

who were labeled as those who had "managed to walk away

unpunished after killing their husbands." 3 6 The story

continued by discussing her life and providing a description

of a violent environment with an abusive husband. It failed

to mention, however, that the night her husband was shot, he

had threatened her with a butcher knife and offered to close

her mouth once and for all. Instead, the article noted that

Robert Patri (who was living with another woman) showed up

to take "his girls" on an outing and found Jennifer waiting

 26

with a loaded shotgun. The elimination of pertinent

information concerning the abuse victim created an incorrect

perception of Jennifer Patri as a cool woman who shot her

husband in the back after an argument. The mislabeling was

extended to provide a negative public image of her

advocates, too.

She received a ten year sentence, was charged with a

secondary charge of arson, and then ruled "insane" and

37
remanded to a state hospital.

Criminal Justice Perspectives

Spouse Murder: Justification or Excuse?

On March 9, 1977, Frances Hughes poured gasoline around

her bed while her husband lay sleeping in it. Although she

had been beaten on a regular basis, this time he destroyed

all her schoolbooks and term papers, told her he would kill

her if she returned to school, and then demanded sie have

sex with him prior to his death. She was immediately

38
charged with first degree murder.

Murder is defined as the killing of one human being by

another. It is considered to be either "Justifiable" (in

self defense) or "excusable" (by reason of temporary

insanity). It is not unlawful under the first two

conditions, but felonious and punishable as a crime if

committed otherwise. 3 9 The method in which Francine Hughes

 27

murdered her husband, despite a history of abuse, presented

problems in terms of a self defense plea. The criminal

justice system did not accept self defense In her case,

because the concept of using deadly force against comparable

deadly force was absent and self defense could not be

substantiated in a situation where a wife sets fire to a

sleeping husband who was unable to defend himself.

The criminal justice system has traditionally treated

female murderers as a separate class from their male

counterparts. This is particularly evident in the treatment

of domestic homicide, where many battered women are "legally

excused" for the murder of their abusive partner, rather

than perceived as having "legal justification" for their

actions.

In order to realize the full implications of these two

types of legal defense and the perceptions they generate of

battered women who kill, basic definitions are required.

According to the article, "The Theory of Excuses" by

George Williams, "A defense is justificatory in criminal

law" ... whenever It denies the objective wrongness of the

act. " 40 This definition reinforces the attitude that an act

(spouse murder) should receive social approval rather than

public condemnation.

On the other hand, an "excuse defense" does not deny the

wrongness associated with the act (spouse murder), but is

designed to generate public sympathy and leniency by the

 28

courts. Common "excuses" used in this form of legal defense

include provocation by the batterer, pre-existing mental
defects or psychological conditions such as "temporary

insanity" or "disassociative reaction" or a "lack of intent"

by the battered woman to actually commit the murder.

The first definition implies that an abused woman has a

clear right to act in her own self defense or in the defense

of her children. Theoretically, this is sound, and the

perception here is that the woman involved is a fully
responsible and legal person. Unfortunately, this defense
is seldom used in the legal defense of battered women who

murder their male partners.

Instead, the battered woman who murders her mate is

considered deviant and psvcholcaica11v or emotionally

pathological and treated as such in the legal system.
Temporary insanity defenses include the categories of

disassociative reaction, battered woman syndrome, and an

entire range of other mental and personality disorders

including pre-menstrual dysphoric disorder or PMS. The

perception is decidedly of a female "out of control" and not

a fully responsible, legal person.

In the case of Francine Hughes, her attorney "chose the

oldest and safest defense for a woman," i.e. "temporary

insanity." Unfortunately, the trial judge and the press

wanted him to enter the plea of "self defense.141

Although Mrs. Hughes was acquitted, Judge Hotchkiss

 29

stated his dissatisfaction to the press very clearly: "All

of a sudden we realized that we have thousands of people

(battered women) who have no recourse under the law. Self

defense is a real issue, but it was never really covered in

'' 2
the trial. 4

Why does this "double standard" of justice exist? It

appears that women still dwell in a different moral sphere

from their male counterparts. Society's perception of the

female role as nurturing and submissive is dashed when the

battered woman defies conventional morality and murders her

so-called male benefactor. Since she is acting in a fashion

antithetical to a male defined "role," she must be "excused"

for her actions by reasons of diminished mental capacity or

emotional disturbance, rather than "justified" under male

defined legal rules of self defense.

Two rules which stand out and demonstrate obvious

discrepancies in the legal treatment of men and women under

the same conditions are: "the reasonable man" standard 4 3

and the "imminent danger" rule.44

The "reasonable man" is one who uses deadly force only

to prevent death or great bodily harm. He is expected to

defend himself with his fists against an aggressor with the

assumption that the confrontation will not result in serious

injury. If he cannot defend himself, he takes the beating

and resorts to assault statutes to "equalize" the

situation. Most women, however, could not defend themselves

 30

against such a typical beating and risk serious injury.4

Despite obvious discrepancies in physical size and strength,

juries have routinely been told not to recognize an

"ordinary" beating as capable of doing "great bodily harm"

to a woman.
The inequality in combat produces situations where

battered women often use deadly weapons to protect

themselves against simple assault for fear of serious injury
of even death. 4 6 Many abused women "equalize" the situation

by attacking when their batterer is asleep or otherwise

incapacitiated, and the result is often murder. These

circumstances clearly defy the male oriented rules of self

defense and place the murderess in the category of a
"psychotic" who uses unreasonable force to defend herself.

Another impediment to the use of the self defense plea

by battered women is the "imminent danger" rule. This

restricts the use of deadly force to situations where the

individual is in immediate danger of serious injury or being

killed. Unfortunately, it excludes past or future threats

of serious injury or death by the batterer and is often

excluded as evidence and justification for the self defense

in the trials of battered women. Included in the "imminent

danger" category is the length of time between the actual

assault by the male and the resultant murder by the abuse

female, as well as the circumstances under which the murder

was committed. 4 7 Despite well documented cases of a history
 31

of psychological, physical and emotional abuse, women who do

not fulfill the strict male oriented "rules of engagement"

often are charged with premeditated murder unrelated to self

defense.

Advantages and Disadvantages of Self Defense

and Excuse Defenses

Primarily, the advantage of the excuse defense is that

women often are treated more leniently through the criminal

justice system. Therefore, it is a highly successful

defense tactic. It appears even the more severely psychotic

murderess will spend considerably less time In a mental

48
institution than her male counterpart.

The "excuse" defense immediately "labels" a murderess as

psychologically or emotionally unstable, and as such denies

her the "right" to defend herself or her children without

legal bias. It gives the impression that only a woman who

is considered "abnormal" in terms of the societal definition

of the female role will retaliate when attacked.

The disadvantage lies in the perpetuation of gender

based moral codes and assumptions which find their way into

the courts and influence both the process and outcome of the

battered woman's trial. With the predominantly male

oriented population within the criminal justice system,

these codes and assumptions definitely impact the treatment

 32

of the battered woman who kills and places her at a

disadvantage from a legal and social perspective.

On the other hand, the "self defense" plea is
justifiable in many cases of spouse murder and would give

the battered woman "equality," but not necessarily an

advantage in the courtroom.

Policy Issues

Throughout this literature review it became apparent

that two Issues would arise in the legal defense of women

who murdered their husbands. One was the plea of "self

defense" and the second was the plea of "temporary

Insanity: disassociative reaction."
Several classic articles reprinted in key edited

anthologies reiterate that a woman should not have to

undergo the process of a murder trial if indeed, she was

protecting herself and during that process, accidentally
49
murdered her husband.
The second plea focuses on the "disassociative

reaction," a psychological state of mind reached by a

battered woman who suffers prolonged abuse, and then murders

her husband in this altered state.

Granted, one or both of these two unique situations are

not always present in all cases of spouse murder, but

researchers must explore and develop legal/psychiatric

 33

guidelines and procedures which could rule out these

possibilities prior to prosecuting a battered wife. This is

especially important for law enforcement or investigation

personnel who respond to the initial murder scene since keen

observation and critical evidence are key players In the

wife's defense. Additionally, a psychiatric evaluation and

substantiated medical history coupled with previous police

incident reports should be part of the pre-trial protocol.

Another area to be explored is early identification of

battering relationships followed by mandatory intervention

treatment in order to prevent future spouse murders. When a

wife abuser refuses to participate in treatment or continues

his abusive behavior, it is important to have policies

allowing the criminal justice system to take immediate legal

action against him.

Finally, the field must have stronger legislation to

protect women from battering as well as federal funding to

provide shelters or "safe houses" and intervention treatment

for families involved in domestic violence.

Myths About Battering: Agreements and Disagreements

by Scholars and Practitioners

This thesis research has Identified five commonly held

beliefs about battering which have been identified in

reviewing the opinions of frequently cited researchers and

 34

practitioners in the field.

In the Straus, Gelles, and Steinmetz study of violence
between partners, 5 0 the authors stated that the results of

their study clearly gave evidence that there was a

"mutuality of violence" within a battering relationship.

Browne felt this was inaccurate as the study only

involved couples who were married and living together, and

not those recently separated or divorced. Secondly, she

challenged that information on violent acts was gained only

by interviewing one member of the couple, without

corroboration from the other partner or outside sources.
"Battered women are accustomed to living in violence,

are fragile and passive. They are poor, have many small
children, and are from a minority group. They lack job
skills and are economically dependent on their husbands." 5 1

Walker 5 2 and Weissberg 5 3 disagree and state that most

battered women are from middle class or higher income

families. Many are large enough to defend themselves, have

none or few children of various ages, and some are

successful workers or career women. They are from all
ethnic groups, educational levels and socioeconomic
levels. Browne, 5 4 Pagelow, 5 5 Martin56 and Sandiford 5 7 also

support this in their writings.

"Battered women are masochistic." It was suggested by

the literature prior to 1967, that a battered woman's

negative personality traits, to include masochism were

 35

responsible for her being beaten. It was implied that she

"enjoyed" being beaten by her husband and remained in an

assaultive relationship for this reason. Walker,58

Browne, 5 9 Martin 60 and Pagelow 6 l disagree strongly with this

premise.

"Even if (spouse) abuse exists, its magnitude is

exaggerated, usually by the victim." Weissberg,62 Walker 6 3

and Browne 6 4 feel the opposite is true: abuse is usually

under-, not over-, reported. They attirbute this to shame,

guilt or fear.

Martin blames abuse on a "sexist society" that

reinforces wife battering. 6 5 Weissberg disagrees and states

this Is a "unidimensional theory to explain a multi-

66
dimensional problem.

"Battered women are crazy." Walker feels that battered

women often use survival behaviors that often earn them the

misdiagnosis of "crazy." 6 7 After numerous interviews with

battered women she felt that family doctors responded to

overt "symptoms" (anxiety, depression, schizophrenia) shown

by the women and treated them accordingly with antipsychotic

drugs or other forms of psychiatric intervention such as

electroshock. There was seldom any attempt to understand

the battering situation at home. Dr. Walker feels most

women are not mentally ill, but are using coping mechanisms

to deal with the battering. Weissberg concurs that the

majority of people involved in abusive relationships are not

 36

mentally ill, but society labels them "crazy" to distance

and deny the fact that violence occurs between so-called
"normal people" too.6 8

Conclusions and Recommendations

The high prevalence of domestic violence with our

society clearly indicates a problem of prodigious
dimensions. Spouse abuse has become the "norm" rather than
the "exception" due to antiquated concepts of sex roles as
well as inappropriate cultural mores.

Although there are laws designed to protect a woman from

her abuser, she is often discouraged from pressing charges

against him and encouraged to resolve the matter outside the

criminal justice system. Domestic abuse cases are seldom

prosecuted unless someone is seriously injured or killed.

It is important that both the abuser and his victim be

provided an opportunity for mandatory intervention therapy

in order to assist both individuals in acquiring alternative
means for transforming a violent relationship into a more
meaningful, violent-free form of interaction. Legal action
should be initiated from the very first incident of
assault. Destructive behavior should not be tolerated or

supported by our society or representatives of the criminal

justice system.
Additionally, the field must implement legislation to
 37

protect women from assult. Social service agencies ana the

government must provide better protection and supportive

services and survival skills to battered women everywhere.

Failure to implement these recommendations is to conclude

that murder is to be the only option of the abused.

This society must be willing to provide emanicipation to

women who find themselves locked into a private world where

personal disenfranchisement accompanies the terror of

recurrent violence.
 38

Footnotes

1 Angela Browne, When Battered Women Kill (New York: The

Free Press, 1987), 64.
2 Michael Weissberg, Dangerous Secrets: Maladaptive
Responses to Stress (New York: W.W. Norton and Company,
1983), 175-177.
3 Marshall Houts, They Asked For Death (New York: Cowles
Book Company, Inc., 1970), Chapter 7.
4 Lenore Walker, The Battered Woman (New York: Harper
and Row, 1979), 37-60.
5 Ibid., 41.
6 Ibid., 49.

7 Ibid., 30-35.
8 Ibid., 53-55.
9 Marshall Houts, They Asked For Death (New York: Cowles
Book Company, Inc., 1970), Chapter 7.
10 Cole, Fisher and Cole, 1968, as cited as Lester,
Crime of Passion: Murder and the Murderer (Chicago: Nelson
Hall, 1975), Chapter 2.
11 Marshall Houts, They Asked For Death (New York:
Cowles Book Company, Inc., 1975), Chapter 7.
12 Megargee, 1966, as cited as Lester, Crime of Passion:
Murder and the Murderer (Chicago: Nelson Hall, 1975),
Chapter 2.
13 Angela Browne, When Battered Women Kill (New York:
The Free Press, 1987), 20.
14 Ibid., 140.

15 Marshall Houts, They Asked For Death (New York:

Cowles Book Company, Inc., 1970), Chapter 7.
 39

16 Ibid., Chapter 7.

17 Kay Sandiford, Shattered Night (New York: Warner

Books, 1984), 229.
18 Del Martin, Battered Wives (San Francisco: Glide
Publications, 1976), 18.
19 Richard Gelles, The Violent Home: A Study of Physical
Aggression Between Husbands and Wives (Beverly Hills: Sage
Publications, 1974), 153.
20 Marvin E. Wolfgang and Franco Ferracuti, The
Subculture of Violence: Towards an Integrated Theory in
Criminology (Beverly Hills: Sage Publications, 1982), 159.
21 A. Bandura, Aggression: A Social Learning Analysis
(Englewood Cliffs, N.J.: Prentice Hall, 1973).
22 Murray A. Straus, et al., Behind Closed Doors:
Violence in the American Family (New York: Doubleday, 1980),
121.
23 Marvin E. Wolfgang, Patterns in Criminal Homicide
(New York: John Wiley and Sons, 1958).
24 Ibid.
25 Angela Browne, When Battered Women Kill (New York:
The Free Press, 1987), 20-22.
26 Ward, et al., 1969.

27 Richard Cohen, "Vigilante Justice Back in Women's

Movement," Washington Post, 4 Dec. 1977: B-1-2.
28 "A Killing Excuse," Time, 28 Nov. 1977: 108.
29 "A Killing Excuse," Time, 28 Nov. 1977: 108.

30 "Wives Who Batter Back," Newsweek, 30 Jan. 1978: 54.

31 Anna Quindlen, "Women Who Kill Their Spouses: The
Causes, The Legal Defenses," New York Times, 10 March 1978:
B4.
32 Tom DeVries, "Chano and Blanche: A Ballad of Love,
Death and the Law in Tulare County," New West, 12 March
1979: 48-66.
33 Bonnie and Charles Remsberg, "The Case of Patricia
Gross," Family Circle, 24 April 1979: 58-60, 152-155.
 40

34 "The Case of Marene oan 7agle," Newsweek, 30 Jan.

1978: 54.
35 "Battered Woman: Vindictive Sentence in Md.," The
Guardian 26 July 1q78.
36 "A Killing Excuse," Time, 28 Nov. 1977: 108.

"A Killing Excuse," Time, 28 Nov. 1977: 108.

38 Faith McNulty, The Burning Bed (New York: Bantam

Books, 1989), 6-8, 14.

39 Derald D. Hunt, California Criminal Law Manual

(Minneapolis! Burgess Publishing Co., 1984), 143.
40 George Williams, "The Theory of Excuses," Criminal
Law Review (November 1982), 732-742.
41 Frances McNulty, The Burning Bed (New York: Bantam
Books, 1980), 280-284.
42 Ann Jones, Women Who Kill (New York: Holt, Rinehart
and Winston, 1980), 289.
43 E. Schneider, "Equal Rights To Trial For Women: Sex
Bias in the Law of Self Defense," Harvard Civil Rights-Civil
Liberties Law Review, 15 (1980): 623-647.
44 Ibid., 623-647.
45 Ibid., 623-647.

46 Mildred Pagelow, Women Battering: Victims and Their

Experiences (London: Sage Pubications, 1981).
47 E. Schneider, "Equal Rights To Trial For Women: Sex
Bias in the Law of Self Defense," Harvard Civil Rights-Civil
Liberties Law Review, 15 (1980): 623-647.
4 J. Rogers, et al., "Women In Oregon's Insanity
Defcnse System," Journal of Psychiatry and Law (Winter
1983): 515-532.
49 See: S. Rittenmeyer, "Of Battered Wives, Self Defense
and Double Standards of Justice," Journal of Criminal
Justice 9 (1981): 389-395; and, E. Schneider, "Equal Rights
to Trial for Women: Sex Bias in the Law of Self-Defense,"
Harvard Civil Rights-Civil Liberties Law Review, 15 (1980):
623-647.
 41

50 Mlr-ay A. Straus, et al., Behind Closed Doors:

Violence in the American Family (New York: Doubleday, 1980).
51 Lenore Walker, The Battered Woman (New York: Harper
and Row, 1979), 15-16.
52 Ibid., 15-16.

53 Michael Weissberg, Dangerous Secrets: Maladaptive

Responses to Stress (New York: W.W. Norton and Co., 1983),
174.
54 Angela Browne, When Battered Women Kill (New York:
The Free Press, 1987).
55 Mildred Pagelow, Women Battering: Victims and Their
Expectations (Beverly Hills: Sage Publications, 1976).
56 Del Martin, Battered Wives (San Francisco: Glide
Publications, 1976).
57 Kay Sandiford, Shattered Night (New York: Warner
Books, 1984).
58 Lenore Walker, The Battered Woman (New York: Harper
and Row, 1979), 16-17.
59 Angela Browne, When Battered Women Kill (New York:
The Free Press, 1987), 52-53.
60 Del Martin, Battered Wives (San Francisco: Glide
Publications, 1976), 17.
61 Mildred Pagelow, Women Battering: Victims and Their
Experiences (Beverly Hills: Sage Publications, 1981).
62 Michael Weissberg, Dangerous Secrets: Maladaptive
Responses to Stress (New York: W.W. Norton and Co., 1983),
172-173.
63 Lenore Walker, The Battered Woman (New York: Harper
and Row, 1979), 16.
64 Angela Browne, When Battered Women Kill (New York:
The Free Press, 1987), 4-9.
65 Del Martin, Battered Wives (San Francisco: Glide
Publications, 1976), 62-67.
 42

66 Michael Welssberg, Dangerous Secrets: Maladaptive

Responses to Stress) New York: W.W. Norton and Co., 1983),
173.
67 Lenore Walker, The Battered
Woman (New York: Harper

and Row, 1979), 17-18.

68 Michael Weissberg, Dangerous Secrets: Maladaptive
Responses to Stress (New York: W.W. Norton and Co., 1983),
174-175.
 CHAPTER III

Conclusions and Recommendations

Domestic violence continues to escalate within our

society, despite legal and other forms of intervention to

curb its presence. Incidents where women have eliminated

the source of the abuse, in one desperate act of violence,

have been on the upswing. Perpetrators of domestic homicide

are not limited to the poor, uneducated, emotionally

disturbed women who feel trapped within a marriage. Rather,

research findings conclude that many hardworking, educated,

and stable, middle and upper class women are involved in

spouse murder, too.

There are no guaranteed solutions to this problem, but

it is recommended that oLr social institutions explore the

foundation of the problem (battering) and proceed to treat

the underlying "social disease," rather than the mere

"symptom" of murder.

Wife abuse has become acceptable behavior within our

society due to outdated concepts of the female role in a

marital relationship and the perpetutation of sexist

attitudes within our society. As long as women are treated

as disenfranchished citizens, from both a societal and legal

43
 44

perspective, they will continue to be psychologically,

emotionally and physically abused.

Firzt, it is imperative that society be re-educated,

preferably through a mass media campaign (similar to MADD,

Mothers Against Drunk Drivers), with an emphasis on the

premise that battering is not tolerable behavior. This

campaign would reinforce the concept that known

perpetrators, as well as incidents of battering, should not

be kept behind closed doors. Commercials, billboards,

newspaper and magazine advertisements, directed against

domestic violence are necessary. Respected and highly

visible spokespersons willing to communicate by means of the

media, as well as at community functions and legislation

hearings is critical.

Additionally, responsible journalism must be encouraged

in the media accounts of domestic violence cases, especially

murder trials, so that this complex phenomenon is related to

the public in a manner which increases public understanding

of this distressing social problem. The press should report

newsworthy information. The manner and bias in which most

battered women have been portrayed in the media has

negatively influenced public response to such cases. In

addition, it has definitely underplayed the actual violence

occurring in each incident. Irresponsible journalism

continues to perpetuate the myth that a woman who retaliates

against her abuser is "unfeminine" or "crazy," and that her

 45

batterer should be labeled the victim, rather than herself.

Another positive attempt to change public attitudes

toward the plight of the battered woman can be accomplished

through specific programs designed to re-educate law

enforcement, legal, medical and social services personnel.

These programs would emphasize the seriousness of the

problem, assist personnel in early identification of a

couple in crisis and provide the proper protocol for

handling these battering cases. It would also provide them

with the most current information on available legal and

treatment alternatives. This knowledge should be mandatory,

standardized, and incorporated into the required training

and educational curriculum for criminal justice

professionals with provisions for continuous refresher

courses.
Second, it is important to implement legislation which
will protect women from assault, guard their legal rights
and provide them with suitable alternatives for survival.
Laws which provide psychiatric, medical and legal services,

job counseling and other social services programs must be

initiated and these services made available to battered

women.

Funding of supportive services to abused women must be

routinely addressed in state and local budgets and not be

perceived merely as an additional community expense.

Third, it is necessary to treat the batterer and his

underlying alcohol or drug problem, by providing mandatory

intervention treatment and supportive therapy to teach him

alternative forms of behavior. He must be made to recognize

that legal measures are available and that these will be

implemented by the criminal justice system if he fails to

correct his destructive behavior or refuses to seek mental
health services.

Projects and Programs Worth Replication in the Community

In addition to the recommendations mentioned in the

beginning of this chapter, it is extremely important to
advocate the following programs and projects that will
provide some of the necessary support services needed by
battered women and their families: community support
groups, twenty-four hour telephone "hotlines" and crisis

intervention counseling, free legal advice, emergency

financial assistance, emergency medical and psychiatric
services, career counseling and job training, increased

numbers of "safe houses" and shelters for battered women and

their children, and responsive social service agencies

dedicated to the plight of the battered female, her abuser

and their family.

 47

Future Needs

There is a need to continue the development of better

educational programs and guidelines for professionals who

routinely deal with battering and spouse murder incidents.

An increase in the number of staff and facilities which

provide intervention treatment and support services for

battered women, and their families is necessary to contain

this problem.

Realistic agency and community budgets, national and

state funding, and private fund raising for battered women

projects are needed. Legal funds set up by private citizens

and private lawyers who volunteer their legal services for

the defense of battered women unable to afford proper legal

assistance, should be encouraged.

Research into "aversion therapy" i.e., administration of

chemical controls or electroshock to the abuser, in addition

to other less controversial forms of behavior modification

should be explored and given consideration.

Finally, we need to look at the criminal justice system

and rework the current procedures and legal defenses used in

domestic homicide cases. There ought to be standardized

evidence procedures, staff guidelines and pre-trial

psychiatric interviews. There should be a clear

understanding of the "history" of the battering relationship

by all the principals involved in the case prior to going

 48

into the courtroom, so that the "real victim" (i.e., the

battered woman) is not misrepresented. The defense of "self

defense" should be explored and utilized when appropriate,

rather than simply labeling the abused woman as temporarily
insane and representing her as a "second class" citizen

without any legal rights due to her mental state.

Contributions to the Criminal Justice Field

This study has demonstrated how the perceptions of the

criminal justice system, the media, practitioners and

clinicians influence the treatment of the battered woman who

murders her abusive mate. It has attempted to demonstrate

how history, cultural mores and the seemingly unchanged

"system" impacts on her personal and legal treatment, as

well as the final disposition of her case.

Historical background and viewpoints expressed by

experts in the field of battered women continue to

illustrate how women are not taken seriously until they act

out in a "violent" manner (i.e., murder like a man).

Although there are psychological and other contributing

factors to her final act of desperation, a woman who murders

her husband is still perceived as a criminal and so treated

in the majority of cases.

Society must bring the issue of battering "out of the

shadows" and see it for what it is: physical, emotional and

 49

psychological torture. No husband possesses the right to do

this type of damage to his wife, regardless of historical or

legal precedent and ongoing, antiquated cultural norms.

It is hoped that this study will encourage the justice

system to take a firm look at the "myths" surrounding

battered women and initiate the measures necessary to treat

the abusive male and protect his female victim, before

murder becomes her only option in eliminating recurrent

physical and psychological abuse.

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50
 51

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 52
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 54
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