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

See all articles by Heather Douglas

Heather Douglas

The University of Queensland - TC Beirne School of Law

Date Written: April 12, 2015

Abstract

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

Douglas, Heather, Social Framework Evidence: Its Interpretation and Application in Victoria and Beyond (April 12, 2015). 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, Available at SSRN: https://ssrn.com/abstract=2763411

Heather Douglas (Contact Author)

The University of Queensland - TC Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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