Social Framework Evidence: Its Interpretation and Application in Victoria and Beyond
H Douglas, 'Social Framework Evidence: Its Interpretation and Application in Victoria and Beyond' in Kate Fitz-Gibbon and Arie Freiberg (ed), Homicide Law Reform in Victoria: Retrospect and Prospects (Federation Press, Sydney 2015) 94-109
Posted: 13 Apr 2016
Date Written: April 12, 2015
There has been a long history of debate and discussion in relation to the presentation and admissibility of family violence evidence in homicide cases, particularly where abused women have killed their violent partner after years of abuse (see, generally, Schneider, 2000: Chapter 2). In those cases where an abused person eventually kills their abuser, the history of domestic and family violence will often be very important in helping the jury to understand the context of the offense and,in particular, why she was not able to leave the violence (Morgan, 2002: 43). Such information may influence the judge's assessment of the availability of defenses and therefore how the jury should be directed and, ultimately, may also influence the juror's views about whether the defendant had an intention to kill or has a defense to the charge.
JEL Classification: K00
Suggested Citation: Suggested Citation