Research On Sentencing Issues In The Case Of Battered Women Killing Husband

Domestic violence is a common and worrying social phenomenon.Sociologist Ronan et al indicates that domestic violence is the most common criminal activity in the United States,according to the law enforcement statistics.The victims are mainly women and children;Men are less affected by domestic violence.Statistics show that one in seven women has experienced domestic violence and 20-40% will be a victim at least once in their lifetime.Many health problems are linked to abuse and neglect at all ages.Murder is the most serious consequence of domestic violence,but in addition to femicide,60 per cent of female victims of domestic violence also suffer injuries such as cuts,abrasions,broken bones,gastrointestinal disorders,chronic pain and gynaecological disorders.Psychologically,women who have experienced domestic violence are four to six times more likely to suffer from depression than women who have not experienced domestic violence."The issue of physical domestic violence against women has been treated in a one-sided way,and most of the time,the blame has always been placed on the battered woman."In the face of this realistic dilemma,many scholars advocate to provide a legitimate path for battered women’s anti-homicide behavior from the perspective of the causes of illegal obstruction and responsibility obstruction.Some scholars advocate that the expansion of justifiable defense theory,which extends the time condition of justifiable defense,should be used as a crime for battered women.Some scholars draw lessons from German law,advocating the use of defensive emergency hedging to improve the protection of the defendant in the case of battered women killing her husband;Some scholars also advocate the theory of expected possibility to prevent the criminal responsibility of abused women.The text of this paper consists of four chapters:The first chapter elaborates the related concepts.The first part is the overview of domestic violence,mainly elaborated the concept of domestic violence,specific types,nature and characteristics.In the second part,combined with typical cases,the author analyzes the characteristics and types of the behaviors of battered women.Chapter two shows the current judicial situation of battered women’s case of husband killing in the last three years.This paper analyzes the types of punishment,the distribution of prison terms and the application of sentencing circumstances in the case of husband murder by battered women in recent three years.The third chapter analyzes the problems in sentencing of battered women to kill husbands case.Firstly,it analyzes the problems of excessive sentencing and different judgment in the same case.Secondly,it analyzes the low application rate of probation in sentencing circumstances,the victim’s fault and the different determination of cruel circumstances.The fourth chapter studies the optimization of sentencing in the case of battered women killing their husbands.Firstly,it expounds the deficiency of the expansion theory of justifiable defense and the deficiency of the defensive emergency hedging from the Angle of the cause of illegal prevention.Secondly,the paper discusses the application of the intimate violence theory and the expected possibility theory from the perspective of responsibility obstruction.Finally,starting from the legalization of the victim’s fault,the determination of cruel means and the sentencing orientation of the case of battered women’s husband murder by light and slow change,the optimization of the sentence in the case of battered women’s husband murder is studied.