An evolving justice system? : how do we best meet the needs of battered women who have killed their abusive partners? Sharratt, Alarna
Material type:
Thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Arts in Criminology. Available for loan from Victoria University Library.
This thesis is concerned with the criminal justice system's response to battered women who kill their abusive partners. The research addresses the question of how abused women's needs are being met within the current system, especially in relation to their legal defence. The research is largely literature-based, and includes a review of court cases and case studies. The author concludes that the needs of battered women who kill abusive partners are not being met: Whilst reference to 'battered woman's syndrome' has been introduced in some cases, the author claims that the justice system fails to acknowledge the effect that years of abuse has on women. The author recommends that any reform taking place in the area of battered women's defences to murder should focus on the gender bias in the criminal justice system which limits women's access to self-defence. The author argues that the interpretation and application of section 48 of the Crimes Act (1961), (self-defence) should be afforded particular attention, with consideration as to why New Zealand diverges from the rest of the Western world with regard to this defence. Finally, the author concludes that before they are introduced, any new defences should be evaluated for their potential impact on abused women.
nz