In the preceding chapters we have discussed the psychological issues involved when assessing an individual for competency and criminal responsibility assisting the attorney in using a legal excuse defense such as insanity because of mental disease or defect like mental retardation or brain damage. In this chapter we will discuss another way for individuals to be found not guilty of a crime because their behavior was justified. Some legal scholars claim the behavior itself cannot even be labeled as criminal because the necessary mens rea or state of mind is not present.
KeywordsDomestic Violence Expert Testimony Trial Court Abusive Partner Appellate Court
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- Browne, A. (1986). When battered women kill. NewYork: Free Press.Google Scholar
- Dershowitz, A. (1994). The abuse excuse. New York: Little, Brown, and Company. Ewing, C. (1988). Battered women who kill. Cambridge, Lexington Press.Google Scholar
- Hagen, M.A. (1997). Whores of the court: The fraud of psychiatric testimony and the rape of American justice. New York: HarperCollins.Google Scholar
- Walker, L.E.A. (1989). Terrifying love: Why battered women kill and how society responds. NY: HarperCollins.Google Scholar
- Walker, L.E.A. (2000). The battered woman syndrome: 2nd Edition. NY: Springer.Google Scholar