This Comment illustrates how the current American approach of limiting battered women who preemptively kill to claims of self-defense has resulted in distortions in the law. It explores some of the practical results of using self-defense for battered defendants in nonconfrontational cases and demonstrates that this approach leads to outcomes that are in tension with social sentiments and the goals of the criminal law. Therefore, a new strategy is needed to better accommodate such cases. In proposing a new solution, this Comment draws from the experiences and strategies of approaches used in Australia and England to address the issues posed by battered defendants.
Christine M. Belew,
Killing One's Abuser: Premeditation, Pathology, or Provocation?,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol59/iss3/4