YOUR HONOR, THE INFORMATION THAT IS BEING TALKED ABOUT IN THIS CASE MUST -- MUST BE CONSIDERED WITHIN THE LIGHT OF WHAT WE KNOW ABOUT DOMESTIC VIOLENCE AND SPOUSAL ABUSE, ABOUT THE MOTIVES, THE CONNECTIONS, THE PATTERNS. WHAT THE COURT SHOULD CONSIDER, AND WHAT I FIND INTERESTING IN LOOKING AT THESE CASES, IS THERE IS A LOT OF LITERATURE, LEGALLY AND EMPIRICALLY, IN DIFFERENT KIND OF CASES, AND THE SAME IS TRUE WITH REGARD TO PATRICIDE CASES AND SPOUSAL ABUSE -- KILLING CASES, BOTH THE CASES WHERE THE BATTERER, THE MAN, HAS KILLED THE WIFE AND VICE VERSA, AND WHAT IS INTERESTING TO NOTICE, THAT IF THIS WAS A CASE WHERE THE WOMAN WAS ON TRIAL FOR KILLING HER HUSBAND IN SELF-DEFENSE, ALLEGING ESSENTIALLY THE BATTERED WOMEN'S SYNDROME TYPE KILLING CASE, IT IS CLEAR FROM ARIS, DAY, ALL THOSE CASES, THAT ALL OF THIS EVIDENCE WOULD COME IN. AND GOING BACK AS FAR AS POSSIBLE, IN PATRICIDE CASES, IT IS CLEAR THAT WHERE THE ARGUMENT IS THAT WE NEED TO SHOW THIS PATTERN OF ABUSE TO EXPLAIN THIS DEFENSE, THE ENTIRE HISTORY COMES IN, EVERYTHING, WITHOUT REGARD TO ANY OF THE CONCERNS REGISTERED HERE TODAY. AND IT IS INTERESTING TO NOTE THE VARIOUS POSITIONS, THAT WHEN A WOMAN HAS KILLED HER BATTERER, IT IS ARGUED THROUGHOUT THE LITERATURE, LEGAL, EMPIRICAL, SCIENTIFIC LEGAL REVIEW COMMENTARIES, THAT IT IS ABSOLUTELY UNJUST FOR THE TRIER OF FACT TO CONSIDER WHAT HAPPENED IN THAT HOMICIDE WITHOUT THAT HISTORY, EVERY BIT OF THAT HISTORY. AND WHAT IS INTERESTING TO NOTE, THAT IN THOSE CASES IT IS ONLY GOING TO ONE ISSUE, AND THAT IS THE ISSUE OF REASONABLENESS WITH INTENT AND DEGREE GOING TO ONE VERY SMALL ISSUE. AND YET HERE UNDER VERY TRADITIONAL ANALYSIS, WITHOUT EVER GETTING WITHIN -- TO THE INFORMATION WE HAVE DISCUSSED TODAY OF A COMPELLING INFORMATION ABOUT BATTERED WOMAN'S SYNDROME AND THE LIKE AND BATTERERS SYNDROME AND ALL THE SCIENCE SURROUNDING IT, WHICH IS MUCH MORE EXPANSIVE THAN JUST THE BATTERED WOMAN'S SYNDROME, IT IS COMPELLING THAT WHAT HAS OCCURRED TO THAT WOMAN MUST COME IN BEFORE -- BEFORE THE TRIER OF FACT. HER LIFE AND HER DEATH CANNOT BE UNDERSTOOD. AND IF IT IS APPROPRIATE AND JUST FOR A WOMAN WHO HAS ESSENTIALLY ESCAPED THE BATTERING TO HAVE THAT INFORMATION COME BEFORE A TRIER OF FACT, IT IS ABSOLUTELY BY POLICY AND THE LAW IMPERATIVE FOR IT TO COME IN WHEN A WOMAN -- BATTERER IS ON TRIAL. THANK YOU, YOUR HONOR.
HER LIFE AND HER DEATH CANNOT BE UNDERSTOOD.
IF IT IS APPROPRIATE AND JUST FOR A WOMAN WHO HAS ESSENTIALLY ESCAPED THE BATTERING TO HAVE THAT INFORMATION COME BEFORE A TRIER OF FACT, IT IS ABSOLUTELY BY POLICY AND THE LAW IMPERATIVE FOR IT TO COME IN WHEN A WOMAN -- BATTERER IS ON TRIAL.
IT IS INTERESTING TO NOTE THE VARIOUS POSITIONS, THAT WHEN A WOMAN HAS KILLED HER BATTERER, IT IS ARGUED THROUGHOUT THE LITERATURE, LEGAL, EMPIRICAL, SCIENTIFIC LEGAL REVIEW COMMENTARIES, THAT IT IS ABSOLUTELY UNJUST FOR THE TRIER OF FACT TO CONSIDER WHAT HAPPENED IN THAT HOMICIDE WITHOUT THAT HISTORY, EVERY BIT OF THAT HISTORY.