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BD2412, would you be willing to undo your move to "battered woman defense"? This is known as "battered woman syndrome". The original title in 2005 was "battered wife syndrome", which was moved to "battered woman syndrome" in 2006.
SarahSV (talk) 00:52, 9 December 2017 (UTC)
This does not explain what Battered Wife Syndrome is only the legal responses or groups. Where is the information on the actual theory or information on what where when and why Margaret P. Clarke, M.B.A. 21:13, 30 August 2018 (UTC) — Preceding unsigned comment added by Attackgirl (talk • contribs)
The following discussion is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.
Should the Battered woman syndrome and Battered person syndrome articles be merged so that the medical and legal aspects defined under the terms "battered woman syndrome" and "battered person syndrome" are covered in one article? Flyer22 Frozen (talk) 22:39, 9 March 2020 (UTC)
Sources using the term "battered woman syndrome" to refer to the medical aspect or to both the medical and legal aspect, and others using the term interchangeably with "battered person syndrome" or noting that "battered person syndrome" may be a medical condition or legal defense. |
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1. This 1990 "Battered woman syndrome: a critical review." source states "BWS is recognized as important in providing legal defense to victims and as basis for diagnosis and treatment." 2. This 1995 "Battered woman syndrome: a conceptual analysis of its status vis-à-vis DSM IV mental disorders." source states, "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." 3. This 1998 "Battered woman syndrome." source notes that both medical and legal aspects of the concept are discussed. 4. This 1999 "Encyclopedia of Women in American Politics" source, from Greenwood Publishing Group, page 58, states, "In recent years, the Battered Women's Syndrome (BWS) has been used in defense of women who have killed their abusive male partners. Battered Women's Syndrome is part of a recognized pattern of behavioral responses to intensely traumatic experiences known as Post Traumatic Stress Disorder (PTSD)." 5. This 2002 "Self-defense and Battered Women who Kill: A New Framework" source, from Greenwood Publishing Group, page 156, notes the "battered person syndrome self-defense claim"...while also referring to "battered woman syndrome" as a self-defense claim on pages before and after that page. 6. This 2006 "Battered woman syndrome: empirical findings." source states that "The construct of Battered Woman Syndrome (BWS) has been conceptualized as a subcategory of posttraumatic stress disorder (PTSD)." 7. This 2006 "Criminal Law" source, from Roxbury Publishing Company, page 137, "Speaks of "an Illinois murder case [in which] the defendant-wife wanted to use the battered person syndrome in defense of an act she committed after she killed her husband." Speaks of the term "battered person syndrome" in relation to being a battered woman. The term is not spoken of in some gender neutral way." 8. This 2008 "Forensic Psychology" source, from Cengage Learning, pages 148-165, discusses the topic as both a medical condition (one that is questioned/criticized) and a legal defense. It discusses the topic as "a psychological self-defense defense." And on page 178, it states, "Note that the battered woman syndrome is not a legal defense in and of itself; usually the woman's defense is either to claim that she acted out of self-defense or to claim insanity." 9. This 2008 "Criminal Law: The Essentials" source, from Oxford University Press, page 75, states, "First is the battered person syndrome defense, which is somewhat analogous to self-defense, discussed earlier. The difference is that evidence of the battered person syndrome is permitted in some courts as a defense to criminal acts [...]." 10. This 2011 "Practical General Practice: Guidelines for Effective Clinical Management" source, from Elsevier Health Sciences, page 25, states, "Battered Women Syndrome (BWS) is a psychological condition that is characterized by psychological, emotional and behavioral deficits arising from chronic and persistent violence." 11. This 2013 "Encyclopedia of Domestic Violence and Abuse [2 volumes]" source, from ABC-CLIO, page 39, states, "BWS is used to describe the signs and symptoms that battered women may experience as a result of violent and abusive relationships. [...] BWS has also been used in cases of self-defense to explain why battered women use violent means to defend themselves against their battering partners." 12. This 2013 "Understanding Parricide: When Sons and Daughters Kill Parents" source, from OUP USA, page 153, states, "It appears that Georgia is the only state to clearly set forth the elements necessary in order for a defendant to use evidence of being battered by the victim to establish a defense of justification in a prosecution for murder or manslaughter. [...] Although this statute specifically references BWS but not battered person syndrome, it recognizes the latter as analogous. Therefore, this statute is cited extensively in Georgia case law concerning battered person syndrome as evidence of justifiable homicide committed in self-defense." 13. This 2014 "Battered Woman Syndrome as a Legal Defense: History, Effectiveness and Implications" source, from McFarland, page 159, states, "[It] was argued that judicial opinion and legal commentary supported the admission of expert testimony on the battered woman syndrome. By 1983, a substantial number of courts had accepted the testimony, and much of the legal commentary applauded its methodology and use in the courtroom (Kinports, 1988, Schuller, 1994). However, based on the many problems inherent in the syndrome theory, Faigman (1986) recognized the limitations associated with the syndrome and claimed that it had 'little evidentiary value in self-defense cases' (p. 647) for battered women on trial for killing their abuser and strongly believed the syndrome should not be admitted as expert testimony. Further criticism came in a report conducted by the Federal Government in 1994 to investigate and describe the content of expert testimony and its effects of criminal trials where women kill their abusers. It demanded an examination of 'medical and psychological testimony on the validity of battered woman's syndrome as a psychological condition' (VAWA, 1994, as cited in Rothenberg, 2003)." 14. This 2015 "Abuse: An Encyclopedia of Causes, Consequences, and Treatments" source, from ABC-CLIO, page 30, states, ""Battered person syndrome is important because it is considered an affirmative defense, for example, in Georgia, used in combination with a self-defense or justification defense. For example, a woman is charged with the murder of her husband who abused her over a long period of time. However, if the woman can convince a jury that she suffers from battered person syndrome and that 'the circumstances were such that would excite the fears of a reasonable person possessing the same or similar psychological and physical characteristics of the defendant at the time that the deceased victim used force against the defendant, then she may be acquitted by a jury.' " 15. This 2016 "Social Work and Family Violence, Second Edition: Theories, Assessment, and Intervention" source, from Springer Publishing Company, pages 184-185, states, "Lenore E. A. Walker (1984) proposed the concept of the battered woman syndrome (BWS), which [c]onsisted of the pattern of the signs and symptoms that have been found to occur after a women has been physically, sexually, and/or psychologically abused in an intimate relationship, when the partner (usually, but not always a man) exerted power and control over the woman to coerce her into doing whatever he wanted, without regard for her right or feelings (Walker, 2009, p. 42)." Like other sources, the source goes on to speak on the condition as a legal defense. 16 This 2017 "The SAGE Encyclopedia of Abnormal and Clinical Psychology" source, from Sage Publications, states, "Battered woman syndrome (BWS) is the term used to describe a pattern of signs and symptoms that are commonly found in women who have experienced intimate partner violence (IPV) or domestic violence. The syndrome is listed in the World Health Organization's International Classification of Diseases, Ninth Revision, but is not listed in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), as no subcategories of the diagnosis of posttraumatic stress disorder (PTSD) are listed in the latter nosology. Nonetheless, because women who evidence the signs and symptoms of BWS also meet the criteria for PTSD, it is often used as a classification to guide treatment plans and forensic issues." |
and the legal defence encompasses more elements than just the medical condition that we currently refer to as Battered person syndrome."The federal report ultimately rejected all terminology related to the battered woman syndrome...noting that these terms were 'no longer useful or appropriate'" (Rothenberg, "Social Change", Gender and Society, Oct. 2003, 782). Instead of using the term "battered woman", the terminology "battering and its effects" became acceptable. The decision to change this terminology was based on a changing body of research indicating there is more than one pattern to battering and a more inclusive definition more accurately represented the realities of domestic violence.
Merging should be avoided if ... The separate topics could be expanded into longer standalone (but cross-linked) articles ... [or] The topics are discrete subjects warranting their own articles, even though they might be short. Both of those apply in the case of the articles proposed for merger here as the existence of two independently notable articles for 14 years and the plethora of distinct sources amply demonstrate.
Whatever the details of the eventual closure, it is apparent that there is overwhelming support to merge the two articles into one. I've gone ahead and performed the merge into the Battered woman syndrome title, and set Battered person syndrome to redirect to it. Further adjustments should now be easy to make. --RexxS (talk) 17:17, 9 April 2020 (UTC)
A discussion is taking place to address the redirect Battered-woman's syndrome.. The discussion will occur at Wikipedia:Redirects for discussion/Log/2020 June 13#Battered-woman's syndrome. until a consensus is reached, and readers of this page are welcome to contribute to the discussion. Senator2029 “Talk” 05:20, 13 June 2020 (UTC)
A question to pose:
Would it be better to make the primary title of the Article "Battered Person Syndrome" with "Battered Woman Syndrome" redirecting into it, given that the ICD views that as a valid way to refer to it, and while the vast majority of reported cases are of women, as the page notes under the more neutral term it has been occasionally used by men in the legal defense sense?
Linguistically "Battered Woman Syndrome" and "Battered Husband Syndrome" could both be seen to be subsets of "Battered Person Syndrome", it just seems marginally better to encapsulate it? And is a subtle nod to the issue of Domestic violence against men.
I'm not an expert in the area, it's just something that stood out to me, so if there is a good reason to not change, it'd be nice to know. 188.220.86.46 (talk) 15:10, 21 February 2021 (UTC)
To throw in a little bit of policy MOS:GNL would seem to apply. It may not be he/she's in this case but it is in a similar vein to how spaceflight discussion should avoid "manned" and "unmaned"? — Preceding unsigned comment added by 188.220.86.46 (talk) 15:17, 21 February 2021 (UTC)
The discussion of various individual cases sourced solely to the decisions themselves need to be sourced to reliable secondary sources. The decisions in the various Reporters are primary sources. I presume (perhaps erroneously) that the editor(s) who added the text on these cases learned of them through secondary sources. Those are the sources that should be cited, not the decisions in the Reporters. Banks Irk (talk) 23:39, 28 June 2022 (UTC)
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