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Lecture 6

LAWS 3306 Lecture 6: LAWS 3306 Lecture 6

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Carleton University
LAWS 3306
Paolo Giancaterino

Thursday, February 9, 2017 LAWS 3306 Lecture 6: Women Midterm: 2 parts: out of 40 • • Section 1: essay/long answer question (20 marks) - choose 1/2 : deals with major concepts and between parliament and the courts • Section 2: (20 marks) short answer theres 4 questions; choose 4/9 • worth 40% of mark • 3 hour exam • 6-9 on friday night • Double space exam Introduction • Look at it from 2 perspectives: women as the accused person and as the perspective as victims and potential victims • Feminist groups played a big role in victims/potential victims in victimless crimes (discussed last week) • raising awareness on domestic violence was big — reducing harm at shelters and other places for assistance (in 1970s) • 1980s we look into the issues shift to the criminal law then to other ways to prevent or punish people for domestic violence feminists didn't see themselves as the larger victims rights movement • • the government made it easier to look like they were trying to do something by changing the criminal law but they didn't really do anything for victims and battered women • so we see the criminal sanction being used over and over to try and respond to the various women groups as it pertains to the issue against women — looks at gender differences 1 Thursday, February 9, 2017 • in the media its a battle between feminist groups and the victims Female Criminality: Due Process? • women because the accused person • much of the attempt to decriminalize things did not occur • Battered Women and Self-Defence - one of the responses to deal with female criminality was to argue about that female accused past victimization and it was relevant in determining if they acted in self defence - an attempt to make DP work in respect to women criminality but this did not change much in the court systems - most of them did not qualify for the Battered women and self-defence - made for a more efficient system - Walker’s Cycle of Violence and Learned Helplessness • increased knowledge as women as victims • battered women syndrome research was influential to those making the laws • Walker made a 3 stage cycle to why women stay in abusive relationships • the stereo type on this is: that when people hear about violence in a relationship is well why didn't the women leave? people did not understand this; but they have show that women find themselves in this cycle of violence and believing that things will change or that they are stuck in the situation • Walker believed: women stay in abusive relationships because of psychological pathology of learned helplessness; mandatory arrest policies and prosecution for domestic violence cases where • the victim didn't want to continue with the prosecution— both these were on learned helplessness • police would have to arrest persons accused of Domestic violence if there are reasonable and probable grounds and the prosecution would have to continue their case even if the victim doesn't want to be apart of the case • phase 1 of cycle: tension building stage; where the women in the relationship attempts to placate a mans growing anger (trying to avoid an outburst 2 Thursday, February 9, 2017 • Phase 2: where there was acute and unpredictable battering that involved lack of control • Phase 3: Kindness; loving behaviour from the spouse who was battering - Self-Defence Provisions: Then and Now • CanLit and search old versions of the Criminal Code on these provisions • what we talk about was during the Lavallee case • have to be unlawfully assaulted and when you cause it you have to belevie you are going to die or grievous bodily harm 34 dealt with 2 situations; when you intend of causing bodily harm or if you • don't intend to and section 35 self defence incase of aggressiveness etc.. • the criminal code tried to look into all the different situations that could arise in these cases; they take out the requirement of an assault • now: section 34 - look at how this has changed - Lavallee • section 2a sub 3 • She was in an abusive relationship and she kills her husband; shoots him in the back as he's walking away from a discussion • in this discussion he tells her he is going to kill her ; theres a part going on at their house • the defence in this case used an expert on behalf of her and he concluded that she was a battered women with cycles of this; portrayed as her being terrorized by her spouse and described her in 2 ways; a helpless victim with no way to escape and a persons who's rage at being beaten motivated her to self help the trial judge allowed this experts testimony; this told the jury that little weight • she be placed on his testimony • jury acquit her and the case goes to the court of appeal • the court says that the doctor that testified his evidence should not of been heard — battered women and this would of not been an acquittal • this would of moved it from murder to manslaughter but not an acquittal 3 Thursday, February 9, 2017
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