The evaluation of battered person’s nonconfrontational killing

• Main Authors: Yung-I Chou, 周永毅
• Other Authors: Chia-Wen Lee
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/98596243605322711598

碩士 === 國立成功大學 === 法律學研究所 === 97 === When evaluating defendant's criminal act, defendant's mental reaction and subjective cognition are related to criminal facts. In 2006, the Taipei district court first admitted and applied “the battered women syndrome” to the case, stating that defendant's mental state should be considered while evaluating the killing committed by the battered person who had been exposed under long-term domestic violence. The court also stated that justification defense should adopt the effective standard, and when evaluating the rational of defendant's act should take the battered women standard instead of a reasonable prudent person standard.This verdict was affirmed by Court of Appeal. However, the standard is contrary to prior cases, which treated as a insanity defense. When evalueting a victim, and also a murderer who suffered from long-term domestic violence, whether this kind of killing should be treated equally as general murder or it may be justified? What is the suitble standard? Furthermore, what is the battered women syndrome? Whether it is only applied to battered women, or applied to all victims of domestic violence? If it is not limited to battered women, then what is the theory and concept? Whether it can also applied to other type of victim, such as the murderer who suffered domestic violence and kill his family? Besides, what kind of effect would occurred if introduce this theory to our current criminal law? How to react to this theory? This article will like to discuss battered person's nonconfrontation killing, and utilize American laws to help solving the application of battered person syndrome. Moreover, this article will also discuss about how to evaluate battered person's nonconfrontation killing which base on the battered person syndrome.