CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Forensic Issues
.........Sanity & Mental Processes
............Intimate Partner Battering [BWS]
 19 Cards On This Topic:
  • Expert testimony on intimate partner battering and its effects [formerly BWS] admissible in criminal cases.
  • Battered Woman's Syndrome described.
  • Trial court erred in not allowing the jury to consider evidence of intimate partner abuse for the purpose of assessing whether she formed the specific intent required to commit the charged crimes.
  • No abuse of discretion in allowing expert BWS testimony to explain wife/accomplice's actions where relevant to jury's understanding and adequate foundation laid.
  • Expert testimony on behavior of domestic violence V admissible under EC 801 although only one incident of abuse occurred; Gomez disapproved.
  • Court did not err in refusing to give certain requested instructions on D's BWS defense; instructions given adequately informed jury it could consider BWS in determining whether D formed mental state or specific intent.
  • No error in instructing jury that evidence an expert relied on in deciding Coffman was a battered woman was hearsay and inadmissible against Marlow but not instructing as to E's opinions.
  • Not allowing jury to consider expert testimony re BWS on issue of reasonableness of D's belief that killing her abusive mate was necessary is reversible error.
  • At H's trial for murdering W, no abuse of discretion in allowing expert testimony on intimate partner abuse under EC 1250, 1240, 801 and 1107.
  • New trial granted W where reasonable probability the result of her trial for killing H would have been different had expert testimony concerning intimate partner battering and its effects been presented.
  • Expert testimony on effects of BWS properly admitted where probative of V's recantation of prior incident and decision to resume relationship with D before charged incident.
  • Court properly admitted expert BWS testimony despite no prior incidents of abuse; Evid. Code §1107 doesn't allow batterer free episode of domestic violence before BWS evidence admitted.
  • Expert testimony re BWS not relevant unless there is sufficient factual evidence that victim is a battered woman.
  • Expert testimony re D's state of mind on night of batterer's murder properly excluded; Evid. Code §1107 (a) codifies rules re BWS testimony, but does not create Pen. Code §29 exception.
  • Expert testimony re BWS, allowed after victim changed story at trial, relevant and not used for purpose prohibited by Evid. Code §1107.
  • F's abuse of stepmother in Ms' presence constitutes neglect & failure to protect; removal proper where stepmother has BWS, Ms suffer "secondary abuse" and are at risk of developing BWS.
  • Expert evidence of battered woman syndrome (BWS) admissible to support D's claim of duress by her lover/co-D by analogy to use of BWS testimony in self-defense cases.
  • BWS plays useful role in disabusing jury of misconceptions about batterers and Vs; failure to introduce evid. is ineffective assist. of counsel.
  • Battered women's syndrome evidence admissible to prove honest belief requirement for self-defense, but not objective reasonableness requirement.


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