Expert Witness Testimony in the Battered Woman Syndrome

Authors: Ana Pauna

Abstract:

The Expert Witness Testimony in the Battered Woman Syndrome Expert witness testimony (EWT) is a kind of information given by an expert specialized in the field (here in BWS) to the jury in order to help the court better understand the case. EWT does not always work in favor of the battered women. Two main decision-making models are discussed in the paper: the Mathematical model and the Explanation model. In the first model, the jurors calculate ″the importance and strength of each piece of evidence″ whereas in the second model they try to integrate the EWT with the evidence and create a coherent story that would describe the crime. The jury often misunderstands and misjudges battered women for their action (or in this case inaction). They assume that these women are masochists and accept being mistreated for if a man abuses a woman constantly, she should and could divorce him or simply leave at any time. The research in the domain found that indeed, expert witness testimony has a powerful influence on juror’s decisions thus its quality needs to be further explored. One of the important factors that need further studies is a bias called the dispositionist worldview (a belief that what happens to people is of their own doing). This kind of attributional bias represents a tendency to think that a person’s behavior is due to his or her disposition, even when the behavior is clearly attributed to the situation. Hypothesis The hypothesis of this paper is that if a juror has a dispositionist worldview then he or she will blame the rape victim for triggering the assault. The juror would therefore commit the fundamental attribution error and believe that the victim’s disposition caused the rape and not the situation she was in. Methods The subjects in the study were 500 randomly sampled undergraduate students from McGill, Concordia, Université de Montréal and UQAM. Dispositional Worldview was scored on the Dispositionist Worldview Questionnaire. After reading the Rape Scenarios, each student was asked to play the role of a juror and answer a questionnaire consisting of 7 questions about the responsibility, causality and fault of the victim. Results The results confirm the hypothesis which states that if a juror has a dispositionist worldview then he or she will blame the rape victim for triggering the assault. By doing so, the juror commits the fundamental attribution error because he will believe that the victim’s disposition, and not the constraints or opportunities of the situation, caused the rape scenario.

Keywords: bias, expert/witness testimony, attribution error, jury, rape myth

Digital Object Identifier (DOI): doi.org/10.5281/zenodo.1058877

References:

[1] Downs, D. A. (1998). More than Victims: Battered Women Syndrome. The Syndrome, Society and the Law. University of Chicago Press.
[2] Krumholz, S. T. (1987). Women-s Rights Law Reporter: Women-s Self- Defense Law. Violence and Victims, Vol. 2, No. 3-4.
[3] Myers, D. & Spencer, S. (2009) Social Psychology, 4th Canadian Edition. McGraw Hill.
[4] Pozzulo, J., Bennell, C., & Forth, A. (2009). Chapter 1: An Introduction to Forensic Psychology. Forensic Psychology (2nd ed.). Toronto: Pearson Prentice Hall.
[5] Schuller, R. A., Rzepa, S. (2002). Expert Testimony Pertaining to Battered Woman Syndrome: Its Impact on Jurors' Decisions. Law and Human Behavior, 26(6), 655. Retrieved February 8, 2009, from ProQuest Database.
[6] Taylor, M.D., & Moghaddam, F.M. (2000). Theories of Intergroup Relations: International Social Psychological Perspectives, 2nd Edition.
[7] Jones, C. & Aronson, E. (1973). Attribution of Fault to a Rape Victim as a Function of Respectability of the Victim, 26(3), 415-9. Retrieved February 8, 2009, from ProQuest Database.
[8] Selby, J. W., Calhoun, L. G., & Brock, T. A. (1977). Sex Differences in the Social Perception of Rape Victims, 3(3), 412-5. Retrieved February 8, 2009, from ProQuest Database.
[9] Lottes, I., Bell, T. S., & Kuriloff, P. J. (1994).Understanding Attributions of Blame in Stranger Rape and Date Rape Situations: An Examination of Gender, Race, Identification, and Students- Social Perceptions of Rape Victims, 24(19), 1719-34. Retrieved February 8, 2009, from ProQuest Database.