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More Than Victims: Battered Women, the Syndrome Society, and the Law (Morality and Society Series)
 
 
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More Than Victims: Battered Women, the Syndrome Society, and the Law (Morality and Society Series) [Hardcover]

Donald Alexander Downs (Author)

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Book Description

0226161595 978-0226161594 December 1, 1996 1
In More Than Victims, Donald Downs offers a sympathetic and powerful analysis of the problems attending the use of battered-woman syndrome as a legal defense, ultimately revealing how the syndrome's logic actually harms those it is trying to protect. A persuasive account of how constitutional freedom and individual justice can be threatened by current legal standards, this thorough yet accessible work presents a dramatic rethinking of the criminal justice system.

"More Than Victims is a powerful step in the right direction. Women as well as men need to be protected from violence, and women, in particular, require better understanding of their sometimes oppressive situations. But they also need to be able to participate fully in the discourse of politics and citizenship. Downs offers a solution that helps to make both possible."—Teresa Godwin Phelps, Review of Politics

"Downs has written an important book on a subject that deserves more of our attention."— Susan Mezey, Law and Politics Book Review

"Comprehensive and compelling. [Downs] demonstrates a masterful grasp of the complex legal and philosophical issues implicated in domestic violence cases."—Annette DeMichele, New York Law Journal

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From Publishers Weekly

Legal gadfly Alan Dershowitz called them "abuse excuses" in last year's The Abuse Excuse in which he railed against the burgeoning use of criminal self-defenses such as battered-child syndrome and battered-woman syndrome. Downs, a political scientist, doesn't rant. Instead, he considers the ability of these defenses to increase society's awareness of the special fears of individuals "subjected to violence and related forms of abuse on a sustained basis." But he also discusses their failings, focusing primarily on battered-woman syndrome. Relying on a BWS defense, he argues repeatedly, signals an incapacity to employ reason and take responsibility. And when one is officially labeled incapable of being responsible in one context, an individual may "surrender the benefits that accrue to bearing responsibility in another context." Women found to have been afflicted by BWS have fared badly in child custody hearings, he notes. Based on interviews with battered women, experts in the field and prodigious research, Downs concludes that BWS-based defenses are unable to help women who kill in nonconfrontational situations. He suggests reforming the key standards, such as a more flexible standard for imminence along the lines of that used for kidnapping cases, in the law of self-defense. This reasonably accessible work takes the reader through a careful analysis of various syndromes, a legal critique of BWS, and examines the syndrome society from the vantage of political theory and citizenship.
Copyright 1996 Reed Business Information, Inc.

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Inside This Book (learn more)
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First Sentence:
This is a book about the uses and abuses of the new type of "syndrome" excuses for criminal actions that have gripped criminal law and justice for better than a decade. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
syndrome logic, prison interviewees, imminence standard, incapacity excuse, battered women defendants, women who kill their batterers, victimization syndromes, cumulative terror, defending battered women, cases involving battered women, syndrome connection, nonconfrontational situations, syndrome defenses, child abuse syndrome, imminence requirement, other battered women, battered women who kill, expert psychological testimony, battered woman syndrome, traumatic bonding, battering relationships, victim ideology, most battered women, syndrome society, many battered women
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Legal Critiques, New York, New Framework, Lenore Walker, Positive Aspects, Dane County, American Psychiatric Association, Ronda Richardson, Jeffrey Thrasher, Judith Herman, Judy Norman, Terrifying Love, United States, World War, Francine Hughes, Lorena Bobbitt, Model Penal Code, Nora Cashen, North Carolina, Carol Stonehouse, Lisa Skalaski, Stephen Hurley, Bernard Goetz, Douglas Thrasher, First Amendment
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