The Study On The Sentencing Of Battered Women’s Murder Husbands Cases Under Domestic Violence

With the development of social media in recent years,the more and more legal cases in regard to abused women who killed their husbands have been reported in public.Referring to these cases,the women are currently condemned to deliberate murder,and the sentences are usually between the probation and the life imprisonment.As well as sympathizing with those abused women,people also query about the sentences to some extent.For instance,killing a man who always abuse the murder should sustain such a serious sentence is unfair.When we face to the same or similar cases,why the sentences are extremely different? The women who killed their husbands are on account of being abused chronically,and the most serious punishment which we used on them are not confirmed with the modesty principle of the penal law.In addition,the harsh judgements are unfair to those abused women.By searching and classifying the verdicts of theses cases and analyzing the traits of them,the author hopes to find out the methods in the penal laws for the purpose of helping those women in mitigating punishments or being excepted form punishments.This thesis includes three parts:The first part: Mainly defining and distinguishing the subject,the manner,and the extent in domestic violence,as well as analyzing the causes and the traits of the cases and some similar situations of abused women who killed their husbands in extreme ways.The second part: Mainly analyzing the cases of abused women who killed their husbands in 2003 to 2018,and dissecting the current judicial status of these cases.The third part: By the study of the justifiable defense and the Battered Woman Syndrome,searching a legitimate method for those women in mitigating punishments or being excepted form punishments.Considering about the sentence,the fault of the victim and the minor perniciousness to the society,offering a suggestion about mitigating punishments of battered women,conforming to the principle of the balance between a crime and a punishment.For the purpose of harmonizing the sentence and the sympathies,and making the results accept by all of citizens.By the study of these legal cases,the author hopes that relevant departments and the whole community discharge of their functions and powers proactively,focus on the domestic violence and battered women and give them more solicitudes and protections,avoid the actions of throwing out the baby with the bath water.Furthermore,it is necessary to optimize the criminal justice system,conclude theexperience of similar cases and mitigate punishments to the battered women who have no choice but kill their husbands.