Abstract
In 1979, Lenore Walker developed the theory of Battered Woman Syndrome. Walker’s theory provided a framework for understanding the rationales and actions of those trapped in abusive relationships. Since then, expert testimony on Battered Woman Syndrome has been held admissible in a number of contexts in the criminal justice system. Yet, the federal circuit courts are divided on the admissibility of expert testimony concerning Battered Woman Syndrome when used to support a duress defense. This Note provides a brief overview of the theory of Battered Woman Syndrome and its criticisms. This Note then discusses the decisions and reasoning constituting the current circuit split. Finally, this Note argues the circuit split should be resolved in favor of admissibility, thereby allowing expert testimony on Battered Woman Syndrome to support a duress defense. For a defendant trapped in an abusive relationship pleading a duress defense to a jury, expert testimony on Battered Woman Syndrome provides an answer to the most pressing question: “why didn’t you leave?”
Recommended Citation
Uhrig, Dylan
(2024)
"Why Didn't You Leave?: Resolving the Circuit Split on Admitting Battered Woman Syndrome Testimony for Duress Defenses,"
University of Florida Journal of Law & Public Policy: Vol. 34:
Iss.
3, Article 4.
Available at:
https://scholarship.law.ufl.edu/jlpp/vol34/iss3/4