Abuse Excuse

Abuse Excuse

Description of efforts by some criminal defendants to negate criminal responsibility by showing that they could not tell right from wrong due to abuse by their spouses or parents. Although this defense is not specifically recognized in substantive Criminal Law, it has been used successfully in some cases to prove, for example, the Insanity Defense.Using prior sexual or other physical abuse as evidence in a criminal defense is largely a result of research regarding mental disorders caused by such abuse. Psychologists and other researchers have identified disorders, including post-traumatic stress disorder and battered woman syndrome, as causes for severe emotional instability that can lead to violent acts by the victim against his or her abuser. Some writers have advocated more widespread use of such evidence to mitigate the punishment of victims who commit violent acts.

Other scholars and writers disagree, noting that substantive criminal law does not recognize the abuse excuse as a legitimate defense except in some limited circumstances, such as those involving the insanity defense. Harvard law professor alan dershowitz coined the term in his 1994 book, The Abuse Excuse, where he deems the studies regarding psychological disorders caused by abuse as "psychobabble." Dershowitz and other critics disagree not only with the use of abuse as mitigating evidence of criminal intent, but also with the results of the studies themselves. According to these critics, especially Dershowitz, the abuse excuse fails to distinguish between the reasons why a person committed a crime and the responsibility for committing the crime.

In a few high profile cases during the late 1980s and 1990s, defendants sought to avoid criminal responsibility for their crimes by introducing evidence of prior abuse. In 1989, Lyle and Erik Menendez, ages 21 and 18 respectively, brutally killed their parents in the family's California home. At their first trial for murder in 1993, the brothers' defense team introduced evidence that the men's father, Jose Menendez, had sexually abused his sons for a number of years. Because of this abuse, Lyle and Eric, according to the defense, killed their parents out of fear. In raising the evidence of abuse, the defense sought to reduce the conviction from murder to voluntary Manslaughter. The defense won a victory of sorts when the first trial ended in a hung jury because the jurors could not agree whether the brothers were killers or whether they acted out due to the years of alleged abuse they had suffered. In a second trial in 1995, however, the jury convicted the brothers of first-degree murder notwithstanding the evidence of abuse, and the judge sentenced them to life in prison without the possibility of Parole.

In 1993, Lorena Bobbitt was indicted for malicious wounding after cutting off her sleeping husband's penis during the middle of the night. At her trial, her defense team introduced evidence of a history of sexual and physical abuse committed by the husband, John, against Lorena. Unlike the Menendez case, where the defense conceded that the brothers were criminally responsible for their actions, Lorena's defense team used the evidence to prove the insanity defense. In 1994, a jury found her not guilty of the crime by reason of insanity.

Scholars have noted that the employment of the abuse excuse as a defense is more viable if it is used to prove insanity, which happened in the Lorena Bobbitt case. Commentators have also noted that evidence of prior abuse, whether substantiated or not, has been used in settings other than criminal defense. For instance, a wife may accuse a husband of Sexual Abuse during Divorce proceedings or an adult woman may sue her father for sexual abuse that allegedly occurred when the woman was a child.

Further readings

Arenella, Peter. 1996. "Demystifying the Abuse Excuse: Is There One?" Harvard Journal of Law and Public Policy 19.

Becker, Mary E. 1998. "The Abuse Excuse and Patriarchal Narratives." Northwestern University Law Review 92.

Wilson, James Q. 1997. Moral Judgment: Does the Abuse Excuse Threaten Our Legal System? New York: Basic Books.

References in periodicals archive ?
DERSHOWITZ, THE ABUSE EXCUSE AND OTHER COP-OUTS, SOB STORIES, AND EVASIONS OF RESPONSIBILITY (1994) (criticizing this trend from a liberal perspective); JAMES Q.
The Abuse Excuse and the Resurgence of Judgment in the Criminal Law, 50 STAN.
The abuse excuse critics paint too cynical a picture of self-defense decisionmakers.
It is not the case that jurors and judges who afford defenses to battered women, or the citizens who support doing so, are "forsaking objective law" to indulge "politically correct" sympathies for "some disadvantaged [group]"; (144) it's not the case that the Abuse Excuse Critics are "hypocri[tically]" indulging their "conservative" ideologies when they exempt from their critique defenses for "true men" and enraged cuckolds.
Postponement would be another exercise of the abuse excuse, with students who did not learn the basics when they knew they had to getting a soft landing on the premise that schools were inadequate.
Wilson, Moral Judgement: Does the Abuse Excuse Threaten Our Legal System?
If his effort to convince the reader of the dangers of a new abuse excuse is less than completely persuasive, it is because Downs himself overlooks or ignores such crucial details as the actual criminal law contexts in which abuse evidence is offered.
These excuses range from the Twinkie Defense, a claim of impaired judgment due to the toxic effects of junk food, to claims of psychosexual abuse, to the abuse excuse - that a woman may castrate or shoot a brutal husband even though he is asleep.
The abuse excuse was greatly exaggerated for the jury,'' said prosecutor Jacquelyn Lacey.
This might be a good sentence for Alan Dershowitz's recent book, The Abuse Excuse, but it is hardly that relevant to the problem of false memory.
Conn argued that Lyle and Erik made up the abuse excuse to shift the focus of the trial to the sins of their parents.
Dershowitz ends his book with a glossary of abuse excuses.