An Analysis Of Criminal Responsibility Of Battered Women 's Homicide

More and more battered women killed their husbands in recent years. We are full of indignation and sympathy for this type of criminal, but what we need to ponder is why so many battered women choose such a tragic way to achieve self-help. After they killed husbands and Liberated from domestic violence, they were sent into jails instead support old parents and care of their teens without survival ability. Behind the case, we can see the truth that the battered women are so helpless and the government is lack of attention to domestic violenceThe crime person studied in this paper have suffered violence for a long time,they took the opportunity to kill they husbands after a certain domestic violence.The current judicial practice in China for such special case with violence identified as intentional homicide,but the sentencing was obvious imbalance. Many scholars quoted the battered woman syndrome theory in order to prove battered women constitute justifiable defence. They think the traditional theory of justifiable defense come From male perspective, it is not reasonable because it ignored the differences between men and women. This type of case didn’t conform to the traditional justifiable defense in practice. This article starts with the case, analysis three theories impacted the conviction of battered women,including the "battered woman syndrome",“justifiable defense”,“ expectation possibility theory”, and then draw my own conclusion that battered women constitute the crime of intentional homicide.The next part is about Sentencing.The writer showed the Sentencing situation that similar criminal got different and imbalance punishment and analyzed from social harmfulness, personal dangerousness and victim fault three aspects, Finally come to the conclusion about Sentencing of battered women.