Effective Legal Description of Battered Woman
After a broad search, there are no mentioned or any profile on the impacts of battering. Even though there is this suggestion on "battered woman’s syndrome," which states that it is a psychological impact of battering that is now defined by a set of syndromes. How women react after they are battered differs from one woman to another.
The reaction to violence and any abuse experienced among women differ. The term is sometimes vague and open-ended (Millen et al., 2019). Because of this, it is somehow difficult to give an accurate description, especially when giving the meaning of the term “battered woman’s syndrome. However, others may describe “battered woman’s syndrome” as an experience on women, especially, domestic violence which may later lead to mental disorder. It means that this has been happening for the longest time.
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It is a post-traumatic stress disorder. It causes impacts such as helplessness, and this could make women believe that they are part of it and that they cannot get away (Millen et al., 2019). The reason for this feeling is the fear and perceptions they have that they are the primary cause of it. Because of this, women sometimes end up not telling their families or close relatives, and they even avoid reporting to the police. According to Millen et al. (2019), when the act persists, some opt for divorce or separation to prevent further harm. Therefore domestic violence is a significant problem that affects many women on different levels. Social institutions can incorporate policies and creating development projects that support women on matters of abuse.
Insanity and Temporary Insanity
Miller claimed that he was insane during the time of the crime but sane before and after the killing. Miller’s attorneys asked the question, after the trial, the jury is directed to the case of temporary insanity. They were then told that despite the duration, legal insanity that occurred in the time of the crime is a defense as far as the offense is concerned.
Why Jury Refused to Give Jury Instructions Regarding the Insanity Defense
According to the case, it is clear that the trial court never considered providing further jury directions regarding the temporary insanity. The reason behind the action is, there was no recognition on the side of the jury. Thus, this was a strategy for defense in Nevada. There was also no legal evidence or proof to use it as Miller's defense. However, the evidence acquired from the doctors, the jury, would have effectively reached a proper verdict on ruling the case that Miller was genuinely insane.
Appellate Court Reversed
From the case, the fact that psychiatrists and doctors presently believed that Miller was not aware that he was killing Goring, the entire final verdict was still based on this opinion. The doctors and psychiatrists placed the jury in a big dilemma because of the proof that Miller would blackout making him commit such undisputed acts. While the prosecutors had argued on a different perspective explaining that Miller had no degree of temporary insanity in their defense.
Difference between Insanity and Temporary Insanity in Regards to the Case
As per the case, insanity and temporary insanity are so different. From the case, insanity is identified to be an issue that is perpetual and has no setbacks whatsoever (Lieberman, 2016). While temporary insanity is the loss of consciousness, and the individual is not aware of what they were doing that particular time. The difference is well recognized, as in the United States, some states do not accept temporary insanity plea as they would with a regular insanity case.
References
Lieberman, J. D. (2016). The psychology of the jury instruction process. In Jury psychology: Social aspects of trial processes (pp. 151-178). Routledge.
Millen, D. H., Kennedy, T. D., Black, R. A., Detullio, D., & Walker, L. E. (2019). Battered Woman Syndrome Questionnaire (BWSQ) Subscales: Development, Reliability, and Validity. Journal of Aggression, Maltreatment & Trauma , 28 (7), 848-869.
