Remolding the court: The need for forward-thinking evidentiary and sentencing practices in domestic violence cases with battered women

Abstract

Domestic violence is a danger faced by women across the United States. When a woman suffering from battered woman syndrome (BWS) harms their abuser, they are often left with no defense to criminal liability. At trial, they may rely on expert testimony about BWS, but outdated judicial standards could prevent its admission to the jury. To protect these victims from facing life sentences as punishment for saving themselves, New York enacted the Domestic Violence Survivors Justice Act, which has been proven effective and should be adopted nationwide along with new evidentiary practices.