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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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About the Author
Donald A. Downs is professor of political science at the University of Wisconsin, Madison.
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Product details
Series: Morality and Society Series
Hardcover: 317 pages
Publisher: University of Chicago Press; 1 edition (December 1, 1996)
Language: English
ISBN-10: 0226161595
ISBN-13: 978-0226161594
Product Dimensions:
6 x 1 x 9 inches
Shipping Weight: 1.3 pounds (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
1 customer review
Amazon Best Sellers Rank:
#890,419 in Books (See Top 100 in Books)
More than Victims is a good title in that the factors that surround battered women are many layered, complex, and challenge our systems of care. A battered woman is not once assaulted and then turns to the legal system that provides protection and assistance. Instead they enter an adversarial system that too often complicates the picture. They not only are left with post traumatic stress disorder, the batterer is usually a coercive controller that dominates finances, uses power games, and can use the court system against the victim. This adds a societal moral injury to the already victimized spouse. We need more works like More Than Victims bringing greater awareness of the layers of difficulties these women face. Congress gave us a gift in the Americans with Disabilities Act Amendments Act that protects those with disabilities especially PTSD during legal proceedings. This law at least provides for equal access to court and a fair hearing. Good Work.Dr. Karin HufferAuthor of Overcoming the Devastation of Legal Abuse Syndromeand Unlocking Justice The ADAAA guide
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