IMO State should have pushed back harder against the introduction of BS into the courtroom.
It's not a stand alone defense -- In Florida, it's only allowed as self-defense if it meets certain criteria.
On March 1999, Florida’s Supreme Court effectively granted Florida women the ability to rely upon battered spouse syndrome as a defense to killing their abuser. Prior to the court’s decision in
Weiand v. State, 732 So. 2d 1044 (Fla. 1999), an abused woman’s ability to justifiably defend herself from a physically abusive husband or live-in boyfriend was no greater than that of anyone to defend themselves in a bar fight.
To justify homicide under any claim of self defense, a defendant must establish the presence of three elements: 1) the defendant believed she must use force against an imminent threat of harm; 2) the amount of force used was proportionate to the threatened harm; and 3) the defendant retreated to the greatest degree reasonably possible. Evidence that a woman suffers from battered spouse syndrome addresses part one of this standard, namely, whether the woman honestly feared for her life.
Part three of this tripartite self defense standard, the duty to retreat, is inapplicable in a defendant’s own home because of the so-called “castle doctrine,” or privilege of nonretreat. The castle doctrine provides that if an assailant threatens a victim with violence in the victim’s own home, the victim may turn aggressor without any duty of retreat, and still be able to justify his actions by claiming self defense.... Yet, the castle doctrine is not absolute.
The remaining issue for the court, then, is what jury instruction should be given in cases of domestic violence slayings where the defendant claims self defense? Although the court points to no studies that suggest a privilege of nonretreat could result in an increase of domestic violence incidents and homicides, the court is concerned that completely eliminating a duty to retreat might invite violence. For this reason, the court adopted a jury instruction that “imposes a
limited duty to retreat within the residence to the extent reasonably possible, but not to flee the residence.”
On March 1999, Florida’s Supreme Court effectively granted Florida women the ability to rely upon battered spouse syndrome as a defense to killing their abuser. Prior to the court’s decision in Weiand v. State, 732 So. 2d 1044 (Fla. 1999), an abused woman’s ability to justifiably defend herself...
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