When will a jury reject a defense based on evidence of BWS?

California, United States of America


The following excerpt is from People v. Romero, 10 Cal.App.4th 1150, 13 Cal.Rptr.2d 332 (Cal. App. 1992):

Evidence of BWS would have explained a behavior pattern that might otherwise (and obviously did) appear unreasonable to the jurors. Evidence of BWS not only explains how a battered woman might think, react, or behave, it also places the behavior in an understandable light. "One of the most commonly made argument[s] by prosecutors in urging rejection of a defense is that the person's behavior is inconsistent with that defense.... Jurors are told to evaluate and react to evidence by what a reasonable person would do or not do. Frequently, conduct appears unreasonable to [10 Cal.App.4th 330] those who have not been exposed to the same circumstances.... It is only natural that people might speculate as to how they would react and yet be totally wrong about how most people in fact react." (People v. Day, supra, 2 Cal.App.4th at p. 419, 2 Cal.Rptr.2d 916.)

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