TY - JOUR
T1 - Psychological self‐defense jury instructions
T2 - Influence on verdicts for battered women defendants
AU - Greenwald, Jessica P.
AU - Tomkins, Alan J.
AU - Kenning, Mary
AU - Zavodny, Denis
PY - 1990
Y1 - 1990
N2 - Ewing (1987) has proposed a new legal doctrine called ‘Psychological Self‐Defense,’ which is intended to provide a legal justification for a killing committed under the threat of extremely serious psychological injury. This study examines the effect of such an affirmative defense on the verdict in two vignette cases in which a battered woman killed her abuser. One‐hundred ninety‐six subjects issued verdicts after reading the case vignettes and a series of jury instructions which varied by self‐defense instruction (Psychological Self‐Defense Only, Physical Self‐Defense Only, Psychological and Physical Self‐Defense, or none of these). Only Psychological Self‐Defense instructions significantly influenced verdict patterns, primarily by shifting would‐be voluntary manslaughter convictions to acquittals.
AB - Ewing (1987) has proposed a new legal doctrine called ‘Psychological Self‐Defense,’ which is intended to provide a legal justification for a killing committed under the threat of extremely serious psychological injury. This study examines the effect of such an affirmative defense on the verdict in two vignette cases in which a battered woman killed her abuser. One‐hundred ninety‐six subjects issued verdicts after reading the case vignettes and a series of jury instructions which varied by self‐defense instruction (Psychological Self‐Defense Only, Physical Self‐Defense Only, Psychological and Physical Self‐Defense, or none of these). Only Psychological Self‐Defense instructions significantly influenced verdict patterns, primarily by shifting would‐be voluntary manslaughter convictions to acquittals.
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U2 - 10.1002/bsl.2370080209
DO - 10.1002/bsl.2370080209
M3 - Article
AN - SCOPUS:0025007771
SN - 0735-3936
VL - 8
SP - 171
EP - 180
JO - Behavioral Sciences and the Law
JF - Behavioral Sciences and the Law
IS - 2
ER -