Women Who Kill: Lack of Intent and Diminished Responsibility as the Other ‘Defences’ to Spousal Homicide

REFERENCES

• Allen, H (1987a) Justice Unbalanced: Gender, Psychiatry and Judicial Decisions, Open University Press, Milton Keynes.
   Google Scholar
• Allen, H (1987b) ‘Rendering them Harmless: The Professional Portrayal of Women Charged with Serious Violent Crimes’ in Carlen, P & Worrall, A (eds) Gender Crime and Justice, Open University, Philadelphia.
   Google Scholar
• Bacon, W & Lansdowne, R (1982) ‘Women who Kill Husbands: the Battered Wife on Trial’ in O'Donnell, C & Craney, J (eds) Family Violence in Australia, Longman Cheshire, Melbourne.
   Google Scholar
• Bradfield, R (1998) ‘Is near Enough Good Enough? Why isn't Self-Defence Appropriate for the Battered Woman?’, Psychiatry, Psychology and Law, vol 5, p 71.
   Google Scholar
• Bridgeman, J & Millns, J (1998) Feminist Perspectives on Law, Sweet and Maxwell, London.
   Google Scholar
• Carcach, C & James, M (1998) Homicide Between Intimate Partners in Australia, Australian Institute of Criminology, Canberra.
   Google Scholar
• Carlen, P (2000) ‘Against the Politics of Sex Discrimination: For the Politics of Difference and a Woman-Wise Approach to Sentencing’ in Nicolson, D and Bibbings, L (eds) Feminist Perspectives on Criminal Law, Cavandish Publishing Limited, London.
   Google Scholar
• Chan, W (2001) Women, Murder and Justice, Palgrave, Hampshire.
   Google Scholar
• Comack, E (1993) Feminist Engagement with the Law: the Legal Recognition of the Battered Woman Syndrome, Canadian Institute for Research on Women, Ottawa.
   Google Scholar
• Comack, E (1996) Women in Trouble: Connecting Women's Law Violations to their Histories of Abuse, Fernwood, Halifax.
   Google Scholar
• Daly, K (1994) Gender, Crime & Punishment, Yale University Press, USA.
   Google Scholar
• Donnelly, H, Cumines, S & Wilczynski, A (1995) Sentenced Homicides in New South Wales 1990–1993, Judicial Commission of New South Wales, Sydney.
   Google Scholar
• Easteal, P (1993) Killing the Beloved: Homicide Between Adult Sexual Intimates, Australian Institute of Criminology, Canberra.
   Google Scholar
• Easteal, P & Currie, C (1998) ‘Battered Women on Trial—Revictimisation by the Courts?’, Sister-in-Law, vol 3, p 56.
   Google Scholar
• Eaton, M (1986) Justice for Women? Family, Court and Social Control, Open University Press, Milton Keynes.
   Google Scholar
• Edwards, S (1996) Sex and Gender in the Legal Process, Blackstone Press Ltd, Great Britain.
   Google Scholar
• Fox, M (2000a) ‘Feminist Perspectives on Theories of Punishment’, in Nicolson, D & Bibbings, L (eds) Feminist Perspectives on Criminal Law, Cavandish Publishing Limited, London.
   Google Scholar
• Fox, M, (2000b) ‘Judicial Discretion and Gender Issues in Sentencing’, in Doran, S & Jackson, J (eds) The Judicial Role in Criminal Proceedings, Hart Publishing, Oregan.
   Google Scholar
• Fox, R & Freiberg, A (2nd ed) (1999) Sentencing State and Federal Law in Victoria, Oxford University Press, Melbourne.
   Google Scholar
• Fraser, D (1991) ‘Still Crazy After All These Years: A Critique of Diminished Responsibility’, in Yeo, S (ed) Partial Excuses to Murder, The Federation Press, Sydney.
   Google Scholar
• Hedderman, C & Gelsthorpe, L (1997) Understanding the Sentencing of Women, Home Office Research Study, London.
   Google Scholar
• Hekman, S (1990) Gender and Knowledge: Elements of a Postmodern Feminism, Polity Press, Cambridge.
   Google Scholar
• Henning, T (1995) ‘Psychological Explanations in Sentencing Women in Tasmania’, Australian and New Zealand Journal of Criminology, vol 28, p 298.
   Web of Science ®Google Scholar
• Keenan, C (2000) ‘The Same Old Story: Examining Women's Involvement in the Initial Stages of the Criminal Justice System’, in Nicolson, D & Bibbings, L (eds) Feminist Perspectives on Criminal Law, Cavandish Publishing Limited, London.
   Google Scholar
• Howe, A (1994) ‘Provoking Comment: The Question of Gender Bias in the Provocation Defence—A Victorian Case Study’ in Grieves, N & Burns, A (eds) Australian Women: Contemporary Feminist Thought, Oxford University Press, Melbourne.
   Google Scholar
• Howe, A (1997) ‘More Folk Provoke Their Own Demise (Homophobic Violence and Sexed Excuses—Rejoining the Provocation Law debate, Courtesy of the Homosexual Advance Defence)’, Sydney Law Review, vol 19, p 336.
   Google Scholar
• Howe, A (1999) ‘Reforming Provocation (More or Less)’, The Australian Feminist Law Journal, vol 12, p 127.
   Google Scholar
• Hubble, G (1997) ‘Feminism and the Battered Woman: The Limits of Self-Defence in the Context of Domestic Violence’, Current Issues in Criminal Justice, vol 9, pp 113.
   Google Scholar
• Hubble, G (1999) ‘Self-Defence and Domestic Violence: a Reply to Bradfield’, Psychiatry, Psychology and Law, vol 6, p 51.
   Google Scholar
• Hunter, J & Bargen, J (1991) ‘Diminished Responsibility: “Abnormal” Minds, Abnormal Murderers and What the Doctor Said’ in Yeo, S (ed) Partial Excuses to Murder, The Federation Press, Sydney.
   Google Scholar
• Lacey, N (1998) Unspeakable Subjects: Feminist Essays in Legal and Social Theory, Hart Publishing, Oxford.
   Google Scholar
• Lacey N, & Wells, C (2nd ed) (1998) Reconstructing Criminal Law, Butterworths, London.
   Google Scholar
• Leader-Elliott, I (1993) ‘Battered But Not Beaten: Women Who Kill in Self Defence’, Sydney Law Review, vol 15, p 403.
   Google Scholar
• Leader-Elliott, I (1997) ‘Passion and Insurrection in the Law of Sexual Provocation’ in Naffine, N & Owens, R (eds) Sexing the subject of Law, LBC Information Services Sweet and Maxwell, NSW.
   Google Scholar
• Littleton, C (1989) ‘Women's Experience and the Problem of Transition: Perspectives on Male Battering of Women’, University of Chicago Legal Forum, p 23.
   Google Scholar
• Lloyd, A (1995) Doubly Deviant, Doubly Damned: Society's Treatment of Violent Women, Penguin, London.
   Google Scholar
• Mahoney, M (1994) ‘Victimization or Oppression? Women's Lives, Violence, and Agency’ in Fineman, M & Mykituk, R (eds) The Public Nature of Private Violence: The Discovery of Domestic Abuse, Routledge, New York.
   Google Scholar
• McColgan, A (1993) ‘In Defence of Battered Women who kill’, Oxford Journal of Legal Studies, vol 13, p 508.
   Google Scholar
• McColgan, A, (2000) ‘General Defences’, in Nicolson, D & Bibbings, L (eds) Feminist Perspectives on Criminal Law, Cavandish Publishing Limited, London.
   Google Scholar
• McDonald, E (1993) ‘Provocation, Sexuality and the Actions of “Thoroughly Decent Men”’ Women's Studies Journal, vol 9, p 126.
   Google Scholar
• Mouzos, J (1999) Femicide: The Killing of Women in Australia 1989–1998, Research and Public Policy Series No 18, Australian Institute of Criminology, Canberra.
   Google Scholar
• Mouzos, J (2000) Homicidal Encounters A Study of Homicide in Australia 1989–1999, Australian Institute of Criminology, Canberra.
   Google Scholar
• Naffine, N (1987) Female Crime—The Construction of Women in Criminology, Allen and Unwin, Sydney.
   Google Scholar
• Nicolson, D (1995) ‘Telling Tales: Gender Discrimination, Gender Construction and Battered Women who kill’, Feminist Legal Studies, vol 2, p 185.
   Google Scholar
• Nicolson, D (2000) ‘Criminal Law and Feminism’, in Nicolson, D & Bibbings, L (eds) Feminist Perspectives on Criminal Law, Cavandish Publishing Limited, London.
   Google Scholar
• O'Donovan, K (1991) ‘Defences for Battered Women Who Kill’, Journal of Law and Society, vol 18, p 219.
   Web of Science ®Google Scholar
• Pearson, P (1997) When She was Bad: Violent Women & the Myth of Innocence, Viking, New York.
   Google Scholar
• Pearson, P (1998) When She was Bad: How and Why Women Get away with Murder, Random House, Toronto.
   Google Scholar
• Polk, K & Ranson, D (1991) ‘The Role of Gender in Intimate Homicide’, Australian and New Zealand Journal of Criminology, vol 24, p 15.
   Web of Science ®Google Scholar
• Polk, K (1994) When Men Kill: Scenarios of Masculine Violence, Cambridge University Press, Cambridge.
   Google Scholar
• Ratushny, L (1997) Self-Defence Review, Ministry of Justice, Ottawa.
   Google Scholar
• Rollinson, M (2000) ‘Re-reading Criminal Law: Gendering the Mental Element’, in Nicolson, D & Bibbings, L (eds) Feminist Perspectives on Criminal Law, Cavandish Publishing Limited, London.
   Google Scholar
• Schneider, E (1985) ‘Describing and Changing: Women's Self-defence Work and the Problem of Expert Testimony on Battering’, Women's Rights Law Reporter, vol 9, p 195.
   Google Scholar
• Schneider, E (1992) ‘Particularity and Generality: Challenges of Feminist Theory and Practice in Work on Woman-Abuse’, New York University Law Review, vol 67, p 520.
   Web of Science ®Google Scholar
• Schneider, E (2000) Battered Women and Feminist Lawmaking, Yale University Press, New Haven.
   Google Scholar
• Seuffert, N (1997) ‘Battered Woman Syndrome and Self-Defence’, New Zealand Universities Law Review, vol 17, p 292.
   Google Scholar
• Sheehy, E (2001) ‘Battered Women and Mandatory Minimum Sentences’, Osgoode Hall Law Journal, (forthcoming).
   Google Scholar
• Stubbs, J & Tolmie, J (1994) ‘Battered Woman Syndrome in Australia: A Challenge to Gender Bias in the Law?’ in Stubbs, J (ed) Women, Male Violence and the Law, Institute of Criminology, Sydney.
   Google Scholar
• Stubbs, J & Tolmie, J (1995) ‘Race, Gender and the Battered Woman Syndrome: An Australian Case Study’, Canadian Journal of Women and Law, vol 8, p 122.
   Google Scholar
• Stubbs, J & Tolmie, J (1998) ‘Feminisms, Self-Defence, and Battered Women: A Response to Hubble's “Straw Feminist”’, Current Issues in Criminal Justice, vol 10, p 73.
   Google Scholar
• Stubbs, J & Tolmie, J (1999) ‘Falling Short of the Challenge? A Comparative Assessment of the Australian Use of Expert Evidence on the Battered Woman Syndrome’, Melbourne University Law Review, vol 23, p 709.
   Google Scholar
• Tarrant, S (1990) ‘Something is Pushing them to the Side of their Own Lives: A Feminist Critique of Law and Laws’, University of Western Australia Law Review, vol 20, p 573.
   Google Scholar
• Tolmie, J (1991) ‘Provocation or Self-Defence for Battered Women who Kill’ in Yeo, S (ed) Partial Excuses to Murder, The Federation Press, Sydney.
   Google Scholar
• Walker, S (1998) ‘Women Charged with Violent Crimes Against Family Members in Western Australia 1970–1980: Early Constructions of the Female Offender’, Sister-in-Law, vol 3, p 75.
   Google Scholar
• Wallace, A (1986) Homicide: The Social Reality, NSW Bureau of Crime Statistics and Research, Sydney.
   Google Scholar
• Wells, C (1994) ‘Battered Woman Syndrome and Defences to Homicide: Where Now?’, Legal Studies, vol 14, p 266.
   Google Scholar
• Young, A (1993) ‘Conjugal Homicide and Legal Violence’, Osgoode Hall Law Journal, vol 31, p 761.
   Google Scholar