92) In one of their studies, expert testimony on battering was provided while the verdict options offered at trial were varied among self-defense, automatism, and psychological self-defense.
A final study (which I conducted with my colleague Patricia Hastings) examined the impact of an alternative form of expert testimony on battering and contrasted it with the more traditional form of battered woman syndrome evidence.
As this study represents one of the first attempts to assess the influence of a more general form of expert testimony on battering and its effects, it is important that future researchers attempt to disentangle exactly what aspects of the expert information are likely to be utilized by the jurors and how.
The findings from our study, although somewhat preliminary to draw firm conclusions from them, suggest that a reformulation of expert evidence about battering that focuses on the battered woman's social context, as opposed to her psychological functioning, holds considerable promise.
As this review hopefully highlights, and as others have suggested, treatment of expert evidence on battering and its impact on women need not be static, and reforms can be directed towards the transformations of the evidence's content to reflect the social realities, as opposed to psychological states, of battered women.
This, she notes, only serves to undermine the important advances that have been achieved by the admission of expert evidence on battering and its effects.
A comprehensive report prepared by the National Clearinghouse for the Defense of Battered Women (NCDBW) analyzed the use of expert testimony on battering and its effects in over 250 state and federal court decisions.
Expert testimony on battering and its effects has been accepted by ninety percent of the states in cases involving traditional self-defense situations.
Examination of the expert testimony cases on battering has suggested that a perspective like battered woman syndrome, which either emphasizes victimization or which is susceptible to being characterized as victimization, raises serious problems for women in theory and practice.
Similarly, Walker notes that "the legal system uses BWS to describe both the clinical syndrome and the dynamics of the battering relationship.
The tension eventually escalates, however, and the woman is subjected to a severe battering incident ("acute battering" phase).
More than fifty percent of the states have found testimony Ion battering and its effects] relevant to assessment of the reasonableness of the [woman]'s belief that she was in danger of imminent harm.
Two-thirds of the states have found testimony on battering and its effect to be relevant to the determination of why the woman did not leave the relationship or to explain other conduct (e.