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11 records – page 1 of 2.

Battered woman syndrome testimony in Canada: its development and lingering issues.

https://arctichealth.org/en/permalink/ahliterature182507
Source
Int J Offender Ther Comp Criminol. 2003 Dec;47(6):618-29
Publication Type
Article
Date
Dec-2003
Author
Kwong-leung Tang
Author Affiliation
Department of Social Work, Chinese University of Hong Kong, Shatin, Hong Kong.
Source
Int J Offender Ther Comp Criminol. 2003 Dec;47(6):618-29
Date
Dec-2003
Language
English
Publication Type
Article
Keywords
Adult
Battered Women - legislation & jurisprudence
Canada
Female
Humans
Interpersonal Relations
Spouse Abuse - psychology
Stereotyping
Abstract
This article examines the status of battered woman syndrome (BWS) testimony in Canadian courts and assesses the impact of the leading decision, Regina (R.) v. Lavallee. Acknowledging the test of reasonableness in criminal trials was constructed on a male model, the Supreme Court in Lavallee corrected the gendered interpretation of women in abusive relationships by admitting the BWS evidence. Feminist legal scholars questioned whether Lavallee had succeeded in dispelling the stereotypes around battered women. These concerns were partially addressed in R. v. Malott, but some tough issues remain: applying the reasonableness test to women of color and the narrow base of BWS evidence. Some directions are discussed: discarding BWS testimony, framing a redefined and expanded BWS testimony, introducing a new defense based on self-preservation, and adopting an alternative interpretative frame such as "coercive control." The strengthening of BWS testimony would call for the judges' referencing of latest empirical research on battered women.
PubMed ID
14661383 View in PubMed
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[Maternal health services must give cause for and explain routine questions concerning violence and abuse]

https://arctichealth.org/en/permalink/ahliterature49140
Source
Lakartidningen. 2004 Jan 8;101(1-2):132-3
Publication Type
Article
Date
Jan-8-2004
Author
Kerstin Andersson
Author Affiliation
Teologiska institutionen, Uppsala universitet. Kerstin.Andersson@teol.uu.se
Source
Lakartidningen. 2004 Jan 8;101(1-2):132-3
Date
Jan-8-2004
Language
Swedish
Publication Type
Article
Keywords
Battered Women - legislation & jurisprudence - psychology
Domestic Violence - legislation & jurisprudence - psychology
Female
Humans
Maternal health services
Pregnancy
Sweden
PubMed ID
14763019 View in PubMed
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Source
Can Fam Physician. 1998 Dec;44:2647
Publication Type
Article
Date
Dec-1998
Author
P G Winkelaar
Source
Can Fam Physician. 1998 Dec;44:2647
Date
Dec-1998
Language
English
Publication Type
Article
Keywords
Adult
Battered Women - legislation & jurisprudence
Canada
Child
Child Abuse - legislation & jurisprudence
Confidentiality - legislation & jurisprudence
Female
Humans
Spouse Abuse - legislation & jurisprudence
Notes
Cites: Women Health. 1987;12(1):25-453577197
Cites: J Fam Pract. 1993 Feb;36(2):185-918426138
Cites: N C Med J. 1997 Sep-Oct;58(5):316-89313354
Cites: CMAJ. 1995 May 1;152(9):1488-917728699
PubMed ID
9870116 View in PubMed
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Battered woman syndrome: a conceptual analysis of its status vis-à-vis DSM IV mental disorders.

https://arctichealth.org/en/permalink/ahliterature216187
Source
Med Law. 1995;14(7-8):641-58
Publication Type
Article
Date
1995
Author
D L Roth
E M Coles
Author Affiliation
Department of Psychology, Simon Fraser University, Burnaby, British Columbia, Canada.
Source
Med Law. 1995;14(7-8):641-58
Date
1995
Language
English
Publication Type
Article
Keywords
Battered Women - legislation & jurisprudence - psychology
Canada
Diagnosis, Differential
Female
Humans
Incidence
Masochism - psychology
Stress Disorders, Post-Traumatic - complications - diagnosis - epidemiology - psychology
Syndrome
Abstract
Literature on battered woman syndrome is examined with a view to validating the use of the word 'syndrome'. It is concluded that there is now sufficient information to justify its serious consideration as a form of post-traumatic stress disorder, as that diagnosis is defined in DSM IV: and that this has significance for the legal defence of battered women who react aggressively towards their abusers.
PubMed ID
8668013 View in PubMed
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Expert evidence pertaining to battered women: the impact of gender of expert and timing of testimony.

https://arctichealth.org/en/permalink/ahliterature206396
Source
Law Hum Behav. 1998 Feb;22(1):17-31
Publication Type
Article
Date
Feb-1998
Author
R A Schuller
J. Cripps
Author Affiliation
Department of Psychology, York University, North York, ON, Canada.
Source
Law Hum Behav. 1998 Feb;22(1):17-31
Date
Feb-1998
Language
English
Publication Type
Article
Keywords
Adult
Analysis of Variance
Battered Women - legislation & jurisprudence
Canada
Expert Testimony
Female
Homicide - legislation & jurisprudence
Humans
Logistic Models
Male
Sex Factors
Stereotyping
Time Factors
Abstract
The present study investigated the impact of two variables relating to general expert testimony pertaining to battered women on juror decision processes. Specifically, the gender of the expert, as well as the timing of the presentation of the testimony, were investigated in a simulated homicide trial involving a battered woman who had killed her abuser. Results indicated that when the expert was female and the testimony was presented prior to the defendant's testimony, juror's verdicts were more lenient. Moreover, across a range of case judgments, male jurors' perceptions were more favorable to the defendant when the expert was female as opposed to male. On two of the judgments this latter pattern of results was only evidenced when the testimony was presented early as opposed to late. The significance of these findings is discussed.
PubMed ID
9487789 View in PubMed
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Should Canadian physicians have a mandatory duty to report woman abuse?

https://arctichealth.org/en/permalink/ahliterature194374
Source
Med Law. 2001;20(1):101-21
Publication Type
Article
Date
2001
Author
L E Ferris
C J Strike
C. Desiato
M J Dykeman
Author Affiliation
Department of Public Health Sciences, Faculty of Medicine, University of Toronto, Ontario.
Source
Med Law. 2001;20(1):101-21
Date
2001
Language
English
Publication Type
Article
Keywords
Battered Women - legislation & jurisprudence - statistics & numerical data
Canada
Ethics, Medical
Female
Humans
Legislation, Medical
Mandatory Reporting
Spouse Abuse - legislation & jurisprudence - prevention & control - statistics & numerical data
Abstract
As in other countries, woman abuse is a leading public health issue in Canada. In recognition of its seriousness and the need to interrupt the cycle of violence, several jurisdictions outside of Canada have enacted mandatory reporting laws for woman abuse that require health care workers to report cases. This article reviews the major debates surrounding mandatory reporting of woman abuse with an emphasis on where knowledge is incomplete but would be of benefit when weighing the pros and cons of such laws. We conclude with comments and recommendations with respect to Canada and its health legislation.
PubMed ID
11401231 View in PubMed
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Expert testimony pertaining to battered woman syndrome: its impact on jurors' decisions.

https://arctichealth.org/en/permalink/ahliterature187168
Source
Law Hum Behav. 2002 Dec;26(6):655-73
Publication Type
Article
Date
Dec-2002
Author
Regina A Schuller
Sara Rzepa
Author Affiliation
Department of Psychology, York University, 4700 Keele Street, Toronto, Ontario, Canada. schuller@yorka.ca
Source
Law Hum Behav. 2002 Dec;26(6):655-73
Date
Dec-2002
Language
English
Publication Type
Article
Keywords
Adult
Analysis of Variance
Battered Women - legislation & jurisprudence - psychology
Canada
Consensus
Decision Making
Expert Testimony
Female
Homicide - legislation & jurisprudence - psychology
Humans
Judgment
Judicial Role
Male
Abstract
Participants (N = 200) were presented with a criminal homicide trial involving a battered woman who had killed her abuser. Within the trial, both the response history (passive, active) and presence of expert testimony pertaining to battered woman syndrome (present, absent) were systematically varied. As well, half of the participants in each of these conditions were provided with a nullification instruction informing them that they were free to disregard the law and acquit should a strict application of the law result in an unjust verdict. Results indicated that, compared to the passive response condition, the mock jurors were no less receptive to the expert testimony in the active response condition. The impact of the testimony on participants' verdicts, however, was moderated by the nullification instruction. That is, although the presence of the testimony did result in greater verdict leniency, this only occurred when the mock jurors had been released from a strict application of the law. The implications of these findings are discussed.
PubMed ID
12508700 View in PubMed
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Mandatory duty to report spousal assault victims: medico-legal issues, women's health and physicians.

https://arctichealth.org/en/permalink/ahliterature199868
Source
Health Law Can. 1999 Feb;19(3):65-71
Publication Type
Article
Date
Feb-1999

Systemic obstacles to battered women's participation in the judicial system: when will the status quo change?

https://arctichealth.org/en/permalink/ahliterature166659
Source
Violence Against Women. 2006 Dec;12(12):1150-68
Publication Type
Article
Date
Dec-2006
Author
Joseph Roy Gillis
Shaindl Lin Diamond
Paul Jebely
Victoria Orekhovsky
Ellis M Ostovich
Kristin MacIsaac
Sandra Sagrati
Deborah Mandell
Author Affiliation
University of Toronto, ON, Canada.
Source
Violence Against Women. 2006 Dec;12(12):1150-68
Date
Dec-2006
Language
English
Publication Type
Article
Keywords
Adult
Battered Women - legislation & jurisprudence - psychology
Female
Focus Groups
Humans
Interpersonal Relations
Middle Aged
Narration
Ontario
Police
Public Policy
Questionnaires
Social Responsibility
Socioeconomic Factors
Spouse Abuse - legislation & jurisprudence - psychology
Women's Rights - legislation & jurisprudence
Abstract
The Canadian government has introduced numerous policies, guidelines, and mandates at the federal and provincial levels that recognize woman abuse as a serious social problem and violation of the law. Nonetheless, recent feminist research continues to expose laws and practices that fail woman abuse victims. The present study examined the experiences of women victims in domestic violence cases and the barriers they faced in dealing with the police, the courts, and social service agencies. Despite government initiatives, the study results corroborate previous findings indicating that many battered women feel further traumatized by ambivalent or discriminatory attitudes and practices prevalent within the system.
PubMed ID
17090691 View in PubMed
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The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

https://arctichealth.org/en/permalink/ahliterature98450
Source
Violence Against Women. 2010 Feb;16(2):173-88
Publication Type
Article
Date
Feb-2010
Author
Monica Burman
Author Affiliation
Umeå University, Sweden. monica.burman@jus.umu.se
Source
Violence Against Women. 2010 Feb;16(2):173-88
Date
Feb-2010
Language
English
Publication Type
Article
Keywords
Battered Women - legislation & jurisprudence
Community Networks - organization & administration
Crime Victims - legislation & jurisprudence
Criminal Law - legislation & jurisprudence
Female
Health Policy - legislation & jurisprudence
Humans
Interpersonal Relations
Male
Sex Factors
Spouse Abuse - legislation & jurisprudence - prevention & control - statistics & numerical data
Sweden
Value of Life
Women's Rights - legislation & jurisprudence
Abstract
The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.
PubMed ID
20053946 View in PubMed
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11 records – page 1 of 2.