By Elizabeth A. Sheehy
Within the landmark Lavallee selection of 1990, the very best court docket of Canada governed that proof of “battered lady syndrome” was once admissible in constructing self-defence for ladies accused of killing their abusive companions. This e-book seems on the trials of 11 battered ladies, ten of whom killed their companions, within the fifteen years given that Lavallee. Drawing widely on trial transcripts and a wealthy expanse of interdisciplinary assets, the writer appears on the proof produced at trial and at how self-defence was once argued. via illuminating those situations, this ebook uncovers the sensible and criminal dilemmas confronted through battered ladies on trial for homicide.
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Additional info for Defending Battered Women on Trial: Lessons from the Transcripts
Lavallee was the aggressor: “We’re not, I suggest to you, dealing with a meek and mild young lady who was cowering in the corner during the course of that evening. ”205 “Lyn wanted to fight,” he told the jury. “She wanted to fight that evening. ”206 Miller pointed out testimonial inconsistencies, including whether Rust gave Lavallee the gun, whether he was present when she fired the first shot, and whether the guests planned to stay the night, making his threat to get her when everyone had gone implausible.
No. ”198 Brodsky peppered his address with rhetorical questions. Repeating the words that Rust screamed at Lavallee to get her downstairs to help him and Ezako with the couch (fucking bitch), Brodsky asked: “Is that what your husband calls you? ”201 As for the inconsistencies between Lavallee’s story and those of other witnesses, Brodsky acknowledged that Lavallee might have been mistaken about whether Rust was upstairs when she fired the first shot. But, said Brodsky, “it’s not the actual facts that are important, because she’s on trial.
164 Questioning Dr Shane’s evidence that Lavallee had been assaulted on every part of her body, Miller asked: “And yet she was obviously, you would agree with me, able to function? She worked. ” She covered up with sunglasses and clothing, said Dr Shane. 166 On this point, Dr Shane fought back: the medical records from the hospitals provided ample corroboration of her account. ” “That’s true,” Dr Shane responded. 168 Rust’s words – “[y]ou’re going to get it” – had been used before. ” Dr Shane answered: “Well, I can speculate.
Defending Battered Women on Trial: Lessons from the Transcripts by Elizabeth A. Sheehy