Dr. Follingstad et al., THE IMPACT OF ELEMENTS OF SELF-DEFENSE AND OBJECTIVE VERSUS SUBJECTIVE INSTRUCTIONS ON JURORS VERDICTS FOR BATTERED WOMEN DEFENDANTS, Journal of interpersonal violence, 12(5), 1997, pp. 729-747
Battered woman defendants' claims of self-defense have often been view
ed as not fitting the classic definition of self-defense. Vignettes of
a legal case varied the explicitness of the threat made to the woman
by her partner before she killed him, whether she had the opportunity
ro retreat, and objective versus subjective instructions by the judge.
College students (N = 399) chose a verdict, identified variables that
influenced their verdicts, and completed attitudinal measures. The op
portunity for retreat increased the probability of a guilty verdict by
5 times. Objective juror instructions increased the odds of a guilty
verdict by almost 2 times. Explicitness versus implicitness of the thr
eat did not affect verdict choice nor did attitudes of mock jurors. Ve
rdict choice was more influenced by details about the abuse than perso
nal traits of the husband or wife or reports from authorities.