For more than eight years, Marilyn's husband has subjected her to physical and psychological abuse. As a result, she has been treated in the emergency room more than 10 times for a variety of injuries from bruises to broken bones. Each time she is abused, her husband begs for forgiveness. Finally, one night she takes his gun and shoots him as he is sleeping. She is charged with murder. What problem will Marilyn have when she is tried for murder?

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The problem that Marilyn will have is that a defense of self-defense is typically allowed only when the person's life is in immediate danger. Shooting her husband while he was sleeping, even if she had been abused for eight years, does not meet the standard for self-defense. The battered woman defense may be raised, but it is not a guarantee for acquittal or a lighter sentence. The Supreme Court has not determined that "battered woman syndrome" cannot be used in cases involving murder, and mental health professionals may testify concerning a defendant's state of mind in a variety of contexts, not just when a defendant pleads "not guilty by reason of insanity."

For More Than Eight Years, Marilyn's Husband Has Subjected Her