By Elizabeth A. Sheehy
Within the landmark Lavallee determination of 1990, the very best court docket of Canada governed that proof of “battered girl syndrome” was once admissible in constructing self-defence for ladies accused of killing their abusive companions. This publication seems to be on the trials of 11 battered ladies, ten of whom killed their companions, within the fifteen years in view that Lavallee. Drawing greatly on trial transcripts and a wealthy expanse of interdisciplinary assets, the writer appears to be like on the facts produced at trial and at how self-defence used to be argued. via illuminating those instances, this ebook uncovers the sensible and felony dilemmas confronted by means of battered ladies on trial for homicide.
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Additional resources for Defending Battered Women on Trial: Lessons from the Transcripts
24 This movement criticized the role of the state – police, judiciary, legislators – in perpetuating battering and demanded arrest and charging policies, taking Angelique Lyn Lavallee 23 the onus off women to lay charges themselves and placing it instead on police and prosecutors. 25 Women’s advocates persuaded the Solicitor General of Canada in 1982 to direct the RCMP to lay charges in cases of wife battering where grounds existed. 28 Brodsky had also alerted the jury to Battered Woman Syndrome, another outcome of the advocacy work of the battered women’s movement.
What about the money Rust owed her? He had promised her his motorcycle in his will – would she still get it? Who was going to look after her cat? Was the house locked up? Brodsky asked Popplestone to repeat all of Lavallee’s statements, ensuring that the jury absorbed every one. 128 They had not. ”129 Constable Robert McQuat testified that, when he and Sergeant Sundell met Lavallee at the station, she told them “[a]ll I know is I was scared. I was fucking scared. ”130 Then, on the advice of her lawyer, Miss Maltz, she provided a written statement.
Miller also objected that he had testified regarding Lavallee’s sincerity based on her interviews with him. Miller was objecting to “oath helping,” which refers to historical forms of trial whereby accused persons could secure acquittal by having their “helpers” come to court and swear that their testimony was truthful. Worse, Lavallee herself had not testified, making Dr Shane’s “oath helping” more significant. Brodsky disagreed: expert witnesses are permitted to testify to the accused’s state of mind, as in a trial in which insanity is the defence.
Defending Battered Women on Trial: Lessons from the Transcripts by Elizabeth A. Sheehy