Battered Women Who Kill: Impact of Expert Testimony Type and Timing

Abstract

This study investigated the impact of expert testimony in a case involving a battered woman who killed her abusive husband. Mock jurors (N = 330) viewed a videotaped simulated trial involving a woman who had entered a self-defence plea in the shooting death of her abusive husband. Participants were presented with either expert testimony regarding the battered woman syndrome (BWS), social/agency (SA) testimony, or a no expert control. Because the timing of expert testimony may impact its application to the defendant's circumstances, expert testimony was presented either prior to or following the testimony of the defendant. Although jury verdicts failed to differ across expert testimony and timing conditions, individual mock juror opinions, and perceptions of her situation and mental stability did. Men in particular appeared to be differentially influenced by the alternative forms of expert testimony. Implications are discussed.

Key words:

• battered women
• expert testimony
• juror decision making