Friday, September 14, 2012

State v. Kelly case brief

  • State v Kelly- (battered women’s syndrome) D killed her husband with scissors. He hit her in public and she went to look for her daughter and did not know where her husband was… came back and stabbed him w/ scissors
    • Battered Women’s SyndromeA woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights…The battering cycle is at least twice.
      • Phase 1: “Tension-building stage” – minor battering incidents and verbal abuse.
      • Phase 2: “Acute battering incident” – tension is more serious.
      • Phase 3: Extreme contrition and loving behavior on the part of the battering male.
    • Women become trapped in their own fear. There are socio-economic factors. It’s hard to leave the wack husband.
    • The use of force is justifiable “when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such person on the present occasion.

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