Appendix: Case Summaries

The names of defendants are pseudonyms.

Female defendants

Cathy The defendant, a 72-year-old woman, was charged with the murder of her 78- year-old-husband to whom she had been married for 43 years. There was no indication of ill-treatment by one upon the other during the course of their relationship. The defendant had suffered from neurotic depression throughout her life. She had also had surgery for her haemorrhoids, which resulted in con- siderable discomfort and pain. She attended a Pain Clinic and was also being visited regularly by a community psychiatric nurse because of her medical and mental condition. The defendant had attempted suicide once. She tried to kill herself again after she had stabbed her husband in the neck and chest. She claimed that she was attempting to relieve pressure on her husband who not only had his own health problems to worry about, but also had to cope with the defendant's depression. A plea of guilty to manslaughter on the grounds of diminished responsibility was accepted by the courts and the defendant was committed under section 6(2) of the Mental Health Act.

Connie The defendant, a typist/computer operator, and the deceased, a semi-skilled assembler with numerous previous convictions, had been in a common-law relationship at the time of the homicide. The defendant and deceased were regarded as heavy weekend drinkers who had a fiery relationship. The defendant had been battered in her first marriage. In her relationship with the deceased, he would occasionally hit her; however, he was violent only when drunk. Following a night of drinking, a row occurred over an alleged affair the deceased accused the defendant of having with his best friend. The deceased slapped the defendant's face as she was preparing supper. In an attempt to push him away whilst holding a knife, she unintentionally stabbed him. Her plea of guilty to manslaughter on the grounds of provocation was accepted by the Prosecution who did not believe the defendant had the intent to kill. She was sentenced to two years' imprison- ment, 18 months suspended to serve six months.

Emma The defendant had no previous convictions against her, and held a job as a cleaner at the time of the offence. She was married to the deceased at the time of the murder and stabbed her husband with a knife after a heavy drinking session at their home. Both were known to drink heavily, and it was during one of their many arguments that the defendant unintentionally killed her husband.

196 Appendix: Case Summaries 197

The victim was known to have a violent temper and had problems controlling it when he was intoxicated. The defendant denied to the police that her husband had been violent towards her, although she had in the past shown neighbours injuries inflicted on her by the deceased. A plea of guilty to manslaughter was made on the grounds of provocation and self-defence. Having been found guilty of manslaughter, the defendant was sentenced to 18 months' imprisonment suspended for two years.

Gail The defendant, a retired 68-year-old woman, killed her husband of 12 years by stabbing him with a knife. They quarrelled often, particularly after a drinking session, although the use of physical violence by the deceased on the defendant was rare. Their relationship was not one characteristic of alcohol abuse combined with violence, although they did have a stormy relationship. During an argument between the defendant and deceased when the deceased had been drinking, the defendant lost her temper after being goaded by the deceased and she stabbed him. Psychiatric examination of the defendant found her to be suffering from depression and anxiety. Her plea of guilty to manslaughter on the grounds of diminished responsibility was accepted and the defendant was sentenced to three years' probation with outpatient treatment.

Gena Following a domestic dispute over another woman which started at night and continued into the next day, the defendant stabbed the deceased with a carving knife whilst she was preparing Sunday lunch. Both the defendant and deceased had been drinking excessively the night before. They had lived together for seven years in a common-law relationship which had been described as turbulent. The defendant was unaware of the severity of the stab wound and continued to prepare lunch. The defendant denied any intentions of killing the deceased, and both the Prosecution and Judge saw no premeditation in the defendant's actions. Her plea of guilty to manslaughter on the basis of no intent to kill was accepted by the court, and the defendant was sentenced to two years' probation.

Grace The defendant had stabbed her husband with a knife in their family home when he taunted her about his infidelity. The defendant, who worked in a greengrocer's stall, had idolised the deceased and considered him the centre of her life. They had been married for over 20 years and the marriage had been normal until a year prior to the homicide. The deceased, who had been previously convicted of violent offences, was known to have a violent side and had physically abused the defendant in the past. The deceased decided to leave the defendant to have an affair with another woman for several months, which deeply hurt the defendant. When he returned to the family home, the deceased continued to taunt the defendant about the other woman, and a couple of months later, he declared that he was still in love with his mistress. An argument between the deceased and defendant occurred one night after the deceased had been on a heavy drinking session. The defendant claimed that the deceased had taunted her again and he 198 Appendix: Case Summaries had also verbally and physically abused her. A plea of guilty to manslaughter on the grounds of provocation was submitted by the defence and accepted by the Prosecution. The defendant was sentenced to two years' imprisonment sus- pended for two years with a supervision order.

Gwen The defendant had strangled her husband with the aid of two cords in their family home and then attempted to commit suicide. The defendant was a part- time bank clerk with no previous convictions. She had been in a relationship with the deceased for just over ten years. The deceased had been married once before. The defendant's relationship with the deceased was not an argumentative or violent one. During the period that the defendant's sister was living with them, the defendant suspected that the deceased was having an affair with her sister. This defendant's sister was subsequently evicted and the relationship between the defendant and deceased declined. In an argument over the decea- sed's alleged affair, the defendant stated that the deceased tried to strangle her. At this point, according to police records, the defendant most likely strangled the deceased and then dragged him downstairs to simulate his suicide. The defendant was unable to recall the events leading up to the murder and she denied responsibility for her husband's death. The defendant made a plea of not guilty to murder, but guilty to manslaughter on the grounds of provoca- tion and her plea was accepted by the court. She was sentenced to two years' imprisonment.

Helen The defendant and deceased had been married for 25 years when the defendant stabbed her husband in the chest after a session of drinking and arguing. Their marriage had been regarded as a turbulent one, characterised by occasional violence inflicted on the defendant by the deceased. The deceased was an alco- holic and had been hospitalised for detoxification. The violence inflicted on the defendant was well documented and the defendant has sought refuge from the deceased through various self-help groups on several occasions. At the time of the homicide, the deceased, in a drunken state, attacked the defendant causing her to defend herself by stabbing him. Her plea of guilty to manslaughter on the basis of no intent was accepted by both the Prosecution and the trial judge. The defend- ant was sentenced to two years' imprisonment suspended for two years with a two-year supervision order.

Joan The defendant, a 35-year-old shop assistant, had been married to the victim for over 15 years at the time of the offence. The defendant had previously been convicted for theft. The victim was known to have a violent temper, physically abusing the defendant ever since their relationship began. Strong evidence had been provided by eye witnesses testifying to the violence inflicted on the defend- ant. During an argument where the victim attacked the defendant twice one evening, the defendant stabbed her husband to stop him from strangling her. The defendant pleaded not guilty to murder on the grounds of self-defence and her plea was accepted by both the Prosecution and the court. Appendix: Case Summaries 199

Jean The defendant, a housewife, was charged with the murder of her husband which took place two and a half years before her arrest. The discovery of the murder was made when her present husband confessed to the police to murdering the deceased. The defendant then admitted that it was she who had killed him and subsequently buried his body. The relationship between the defendant and deceased had been an abusive one, whereby the deceased indulged in heavy drinking. He had been verbally, physically and sexually abusive towards the defendant during their rela- tionship. The defendant claimed that she lived in constant fear of physical viol- ence, and the deceased would not allow her to obtain medical help after an assault. The deceased had threatened to shoot the defendant, her children and members of her family as well. As well as abusing the defendant, the deceased had also fre- quently abused their children. Although she occasionally tried to leave the deceased, threats by the deceased towards herself and others forced the defendant to return to the deceased. At the time of the murder, the deceased has been abusing the defendant, and the defendant hit the deceased over the head with a cast-iron saucepan. Fearing that the deceased would retaliate, the defendant then strangled the deceased with a ligature. She claimed that it did not occur to her at the time to contact the police. A psychiatric examination found the defendant had been suffering from severe depressive illness during the nine years that she was married to the deceased. It was also suggested that the defendant may have been suffering from the battered woman syndrome. Although the Prosecution anticipated a plea of guilty to manslaughter on the grounds of provocation, the defendant pleaded guilty to manslaughter on the grounds of diminished responsibility. Her plea was accepted and she was sentenced to two and a half years' imprisonment.

Jenny The defendant was charged with both murder and attempted murder of her husband. He was the proprietor of several properties and the defendant was motivated for financial reasons to kill to her husband. They had been married for five years, but the relationship had soured. The defendant was regarded as the motivator in the conspiracy to kill her husband, having involved her lover, her son and her lover's friend. Although the defendant did not admit guilt to either attempted murder or murder, the testimony of the other parties clearly implic- ated the defendant. The deceased was shot twice with a sawn-off shotgun, with the second attempt fatally wounding him. The defendant pleaded not guilty to murder but guilty to manslaughter on the grounds of diminished responsibility. However, psychiatric reports did not find the defendant suffering from an abnormality of mind. She was sentenced to life imprisonment for murder and 15 years' imprisonment for manslaughter to be served concurrently. Her appeal against the conviction on the grounds that the trial judge had erred in trying the defendant with co-defendant was denied.

Katherine The defendant had been in a common-law relationship with the victim for over 20 years when she stabbed him with a knife that she had been using at the time. The victim, who was known to be violent, possessive and jealous, was also a heavy 200 Appendix: Case Summaries drinker and became disruptive under the influence of alcohol. The victim had worked irregularly since their relationship began, and the defendant, working as a cleaner, had been the sole breadwinner of the family. He had been verbally and physically abusing the defendant since the start of their relationship. Despite the defendant's attempts to leave the victim, he had forced his way into her house and refused to leave. The victim had also been abusing their daughter. At the time of the murder, the victim was drunk and had been abusive towards the defendant. Fearing another attack by the victim, the defendant struck back. Although the Prosecution was willing to accept a plea of guilty to manslaughter upon the grounds of self-defence/provocation, only a plea of provocation was entered by the defence. The defendant was sentenced to two and a half years' imprisonment. She has no previous convictions.

Kerry The defendant and the deceased had been together for two years, living in a common-law relationship, when the defendant stabbed the deceased with a knife. Both the defendant and the deceased had been unemployed. They had been drinking on the day of the murder, and an argument developed over the deceased's reaction to the defendant's visit to see her ex-husband. The defendant admitted that their relationship was stormy when the deceased had been drinking. Although he had verbally threatened the defendant during the course of their relationship, he had never used physical violence towards her. She claimed that she had no intention of killing the defendant, and even attempted to treat his wound after she realised what had happened. Her plea of guilty to manslaughter on the basis of no intent to cause serious injury was accepted and the defendant was sentenced to three years' probation.

Lucy The defendant, along with her lover, were charged with the murder of her hus- band, a night watchman. She had previously been convicted of assaulting a police officer. It was understood that the couple had an `open marriage'. Although she claimed the deceased was violent, there was no evidence to substantiate her claim. The defendant made it known to many people of her desire to get rid of her husband, She had offered a friend money to murder her husband. The deceased was in a motor vehicle with the defendant and her lover when they attacked him with an iron bar. He died as a result of multiple head injuries. The defendant's inappropriate behaviour over the news of her husband's death, coupled with the relationship she had with her co-defendant, made her the most likely suspect of her husband's murder. Although the defendant and her lover had admitted to the defendant's son that they had killed his father, the defendant none the less denied murdering the deceased during police interviews. The Prosecution believed that the defendant was manipulative and prone to lying, and the defendant herself had admitted to being vindictive. Her plea of not guilty to murder was rejected by the court, and she was sentenced to life imprisonment with no recommendation.

Maureen The defendant and deceased had been married for over 40 years when the defend- ant was charged with the murder of the deceased. The defendant was diagnosed Appendix: Case Summaries 201 with paranoid schizophrenia approximately 20 years prior to the time of the murder and had been admitted to a psychiatric hospital. There were many do- mestic problems which led on occasions to rows involving violence between the defendant and the deceased. The defendant had decided to kill her husband one afternoon in which nothing untoward occurred. A struggle broke out when the defendant attempted to stab the deceased with a knife. She succeeded in killing him eventually by battering his skull with a large pan. Then the defendant attempted to commit suicide by taking tablets. The defendant claimed that her fears about the deceased's reaction to her loaning some money to her granddaugh- ter led her to her decision to kill her husband. Psychiatric evaluation of the defendant indicated a history of mental illness and, as anticipated by the Prosecu- tion, the defendant pleaded guilty to manslaughter on the basis of diminished responsibility. She was found guilty of manslaughter and a hospital order and restriction order was made under sections 27 and 41 of the Mental Health Act 1983.

Maggie The defendant and her common-law husband had been working together in casual employment in market stalls when she was charged with his murder. They had been together for three years, and it was understood that they had a stormy relationship where violent scenes were not uncommon. The defendant abused alcohol and had a criminal record covering offences of dishonesty, viol- ence and drink-related matters. The deceased also drank regularly but did not appear to have a drinking in their flat problem. The deceased and defendant had been drinking in their flat when an argument broke out. The defendant stabbed the deceased with a knife, but it was not until three days later that the police were contacted about the killing. At first the defendant had thought that she had only dreamt of stabbing her common-law husband. She was unable to recall clearly the events leading up to the homicide. Her plea of not guilty to murder was rejected by the jury and the defendant was sentenced to life imprisonment. On appeal, however, her conviction of murder was quashed and substituted with a convic- tion of manslaughter and six years' imprisonment.

Mary During an argument between the defendant and deceased, the defendant attacked and killed the deceased with a blunt instrument. Their marriage of five years began to deteriorate two years prior to the homicide, when the defendant became unemployed and they began to drink heavily. This led to frequent violent arguments between them. The deceased was unemployed as well and contributed little financially to their relationship. As a result, the marriage quickly became unhappy and unfulfilling for the defendant. She was also the object of violence and abuse. During an argument with the deceased one evening after a session of heavy drinking, the defendant killed the deceased. However, she has denied responsibility for the killing. Yet, during her remand in prison, she confessed to a number of relatives that she did in fact murder the deceased. Psychiatric examinations of the defendant found that her frustration at having to struggle to meet financial and domestic demands led to a state of anxiety and depression. She successfully pleaded guilty to manslaughter on the grounds of diminished responsibility and was sentenced to two years' probation. 202 Appendix: Case Summaries

Martha The defendant was charged with the murder of her husband, having stabbed him with a knife in the chest. Both the defendant and deceased were employed and had lived together for the past ten years. The deceased has 16 previous convic- tions and the defendant had previously been convicted of theft. There was a history of domestic disputes between the defendant and deceased. During an argument over money, the deceased began pushing the defendant, at which point she stabbed him. The deceased had been drinking and wanted more money for alcohol from the defendant. The defendant claimed that she had no intentions of hurting the deceased, but rather wanted to stop him from assaulting her and had picked up the knife to frighten him. Her plea of guilty to manslaughter on the basis of no intent to kill was accepted by the jury on the advice of the trial judge. The defendant was sentenced to two years' probation and a condition to attend groups as directed.

Pam The defendant, along with her brother, had stabbed the victim and then inflicted head injuries on him with an axe. She had been married to the deceased for nine years, during which time the victim had physically abused the defendant on a regular basis. The defendant had been hospitalised seven times as a result of such attacks. The defendant has two previous convictions for theft and dishonest handling. The victim was regarded as an active criminal with 14 convictions against him. He had a reputation for violence, and was not gainfully employed at the time of death. The defendant tried to leave him on numerous occasions, but after he held a gun to her head and threatened to kill her, the defendant no longer perceived escaping as a possibility. When the deceased threatened to kill her family members, an argument between the defendant's brother and the deceased occurred, and the defendant stabbed the victim more than ten times in an attempt to stop him from hurting her family. She was charged with murder and grievous bodily harm, and pleaded guilty to manslaughter on the grounds of provocation. Her plea was accepted by the Prosecution who acknowledged the `intolerable provocation' the defendant had endured. She was sentenced to 18 months' imprisonment, nine months suspended. Self-defence was raised, but the defendant's reactions was considered excessive by the Prosecution for a successful claim.

Paula The defendant, a housewife, was charged with the murder of her husband. They had been married for 20 years, but divorced for five years before the murder, although they remained living together despite the legal dissolution of their marriage. The deceased was extremely violent towards the defendant, having inflicted an `inordinately lengthy and vicious course of abuse over many years'. The defendant's decision to remain with the deceased after their divorce indicates the emotional attachment the defendant had for the deceased despite the viol- ence he inflicted on her. Although she did attempt to charge the defendant with assault, and had gone to a battered wives home as well, eventually she returned to the deceased. After an evening in the pub, the deceased had returned home to Appendix: Case Summaries 203 continue drinking. An argument occurred during which the deceased accused the defendant of being a whore and a poor wife and mother. At this stage, their son, who was in the family home at the time, pointed out to the deceased that he was in no position to speak about his mother that way since he had brought another woman home for a sexual relationship. Upon hearing this for the first time, the defendant, arming herself with a hammer, attacked the deceased and then strangled him with a ligature. The deceased's body was then buried and the discovery of the murder was made only after the defendant's daughter mentioned the murder to a friend. Psychiatric examinations found the defendant suffering from severe emotional disturbance and depression. She made a plea of guilty to manslaughter on the grounds of provocation and was found guilty of manslaugh- ter on the grounds of diminished responsibility. Whilst the Prosecution acknow- ledged that there was some provocation, they were not prepared to accept provocation as a ground for reducing the charge from murder to manslaughter. The defendant was sentenced to two years' probation with a condition of 12 months' residence for psychiatric treatment.

Pat The defendant, a financial adviser, was charged with the murder of her common- law husband. The deceased died as a result of a single stab wound made with a kitchen knife which pierced the aorta. Both the defendant and deceased were known to be extremely heavy drinkers, with the deceased having a severe alcoholic problem. Their relationship for the past 12 years till the murder was stormy, involving frequent violent arguments which took place both publicly and pri- vately. The defendant denied being responsible for the deceased's death, claiming that she had found the deceased in an alcoholic convulsion upon returning to their flat. She then went out to the off-licence and returned to find the bed sheets had been heavily bloodstained. There appeared to be no apparent motive for the killing and the defendant could not remember stabbing the deceased. Her plea of guilty to manslaughter on the grounds of diminished responsibility due to an anxiety state and chronic alcoholism was accepted by the courts. She was sen- tenced to four years' imprisonment and to pay Prosecution costs.

Sonia After a night of drinking followed by an argument which became violent, the defendant stabbed her common-law husband with a kitchen knife. The defend- ant and deceased had violent personalities, especially when under the influence of alcohol, and violent arguments were normal in their relationship. The defend- ant had previously been convicted twice of assault. She was denied bail because of her violent disposition, which included threatening and abusing her neighbours. The defendant had refused to answer any questions during the police interview. The Prosecution anticipated a plea of guilty to manslaughter on the basis of provocation as a result of the struggle which took place immediately before the stabbing or on the basis on lack of intent due to the high levels of alcohol in the defendant. The defendant made a plea of manslaughter due to lack of intent. She was sentenced to two years' imprisonment, one year suspended, and one day on bindover. 204 Appendix: Case Summaries

Susan The defendant was under medication and receiving psychiatric treatment for depression when she was charged with the murder of her husband. She had been unemployed since being married 20 years ago from the time of the murder. The defendant had stabbed the deceased and although he received two operative treatments, he nevertheless died. The defendant had attempted to commit sui- cide after killing her husband by taking an overdose of tablets. She had already made two prior attempts on her life. She explained in the police interview that the deceased had attempted to leave the home and the defendant prevented him from doing so by locking the door. A quarrel followed, with the deceased pushing the defendant in a threatening manner. Thereupon, the defendant stabbed the deceased to prevent him from leaving. The defendant pleaded not guilty to murder as she was adamant that she would not plea guilty to manslaughter on the grounds of diminished responsibility. Her reason for this was that she insisted that she stabbed her husband because she had been treated with the wrong drugs over a long period of time which resulted in her present mental condition. Psychiatric reports indicated that the defendant suffered from some form of brain damage as well as an obsessional personality. She was given a three year probation order with a condition to undergo psychiatric treatment.

Terri The defendant, a barmaid, had plotted with her lover to kill her husband of five years. Their relationship had not been a happy one and the defendant had numerous affairs in the past, but the deceased had not been aware of her recent affair. She admitted to planning the crime and claimed that the deceased had been abusing her. However, her claims could not be substantiated by any evid- ence. The defendant, along with her lover, killed the deceased by strangling him with a wire cable. She pleaded guilty to murder and was sentenced to life impris- onment.

Tina The defendant had been in a common-law relationship with the deceased for three years when she was arrested and charged with his murder. A few months after living with the deceased, their relationship began to deteriorate. He had made a number of derogatory remarks about the defendant, her children and her sexual prowess. As a result, the defendant became very depressed by his beha- viour. The deceased drank regularly, and was always abusive when intoxicated, physically beating the defendant once every fortnight. Discussions about a separation took place, but the deceased had no intentions of leaving the defend- ant and suggested that she ought to seek psychiatric help. At the time of the murder, the defendant was under considerable emotional strain due to consider- able quarrelling and violence of the past few weeks prior to the murder. On the day of the murder, the deceased had returned home drunk and an argument ensued. The defendant, fearing that her life was in danger, stabbed the deceased with a knife. Her plea of guilty to manslaughter on the grounds of diminished responsibility was accepted by the Prosecution based on the expected severe grief Appendix: Case Summaries 205 reaction she would undergo. The defendant was sentenced to three years' proba- tion with a condition of psychiatric treatment.

Male defendants

Adrian Both the defendant and his wife had been in treatment for alcoholism at the time of the homicide. The defendant, a labourer, was charged with the murder of his wife. He was known to be a violent, person who regularly assaulted his wife. However, he did not regard himself as violent, despite witnesses' accounts of his violence towards the deceased. It would appear that the deceased was very frightened of her husband. During a long drinking session, a violent argument ensued with the defendant assaulting the deceased repeatedly, unaware that he had killed her in the process. The defendant had been unable to recall clearly the events that evening due to memory loss. The deceased died as a result of strangu- lation and multiple blows to the head and body with an axe. The defendant's plea of not guilty to murder but guilty to manslaughter was rejected by the Prosecu- tion who could not find any basis for accepting a plea of manslaughter. The defendant was found guilty of murder and sentenced to life imprisonment.

Alan The defendant was charged with the murder of his common-law wife. Both were unemployed at the time of the homicide. The defendant had a criminal record for violence and drug-related offences, as well as having been previously acquitted of murdering his former common-law wife. The defendant and deceased had been living together for two years, during which time the defendant had been violent towards the deceased. Both parties had a history of admissions to psychiatric hospitals. The deceased died as a result of severe head injuries, brain damage and burns due to scalding. The defendant denied all charges against him, claiming that everyone was a liar, and he served an alibi to the Prosecution. His plea of not guilty to murder failed and he was sentenced to life imprisonment with the recommendation that he serve a minimum of 15 years.

Andy The defendant, aged 26, and deceased, aged 23, had been married for five years when he was charged with the murder of his wife and their 19-month-old son. Although their marriage had been arranged, the defendant and deceased appeared to have a happy relationship. They lived together with the defendant's elder brother. The discovery of the murders was made by the defendant's brother who had noticed that the defendant, the deceased and their son were all lying in bed together. When attempts to wake them up failed, the police and ambulance were summoned. The deceased and their son were dead but the defendant was still alive. The defendant claimed that it was a suicide pact and the deceased had allegedly agreed to the plan. The reason for the suicide pact was because the defendant felt that he was a failure in life. He admitted to killing the deceased and his son by strangling them and had coerced his wife into writing a suicide note. The defendant stated that he killed his wife and child because there would be no 206 Appendix: Case Summaries one to look after them if he were to go to prison for not paying his debts. The defendant pleaded guilty to manslaughter on the grounds of diminished respons- ibility. He was diagnosed with depression and an organic brain syndrome. The defendant was found guilty of murder and detained under a hospital order (section 37) and a restriction order (section 41).

Ben The defendant had been married for five years to the deceased, his wife, when he was charged with her murder. They were both 45 years old. The marriage was a stormy one and the deceased had been physically abused by the defendant during their relationship. She was addicted to tranquillisers, drank excessively and had been admitted to hospital for psychiatric treatment. The defendant had a history of depressive illness and had received psychiatric hospital treatment. The deceased had formed a relationship with another man and the defendant was aware of this. At the time of the murder, the defendant picked up the deceased from work and dropped her off at home. The deceased then rang up her lover and told him that she would be home tomorrow. This conversation was overheard by the defendant. The defendant then claimed he throttled the deceased, admitting that he had `completely flipped'. He then attempted to dismember her body and dispose of it by burning. Psychiatric evaluation of the defendant found him suffering from a depressive illness as a result of his deteriorating relationship and the thought of his wife leaving him and being unfaithful to him. His plea of guilty to manslaughter on the grounds of diminished responsibility was accepted by the court and the defendant was sentenced to seven years' imprison- ment.

Brian The defendant and deceased were married and had lived together for 20 years when the homicide occurred. He worked as a production supervisor and she had recently taken a job as a receptionist which was a cause of friction in their relationship since the defendant could not come to terms with his wife's new independence. The defendant was a very jealous and possessive man, but he was not known to be violent. Medical opinions do not describe him as a dangerous person. The defendant had suspected his wife of having extra-marital relation- ships. When his wife could no longer tolerate the defendant's behaviour, she left him. She had by this time formed a relationship with another man. The defend- ant, unable to come to terms with his wife's rejection, first threatened suicide, and then, arming himself with a knife, drove over to the deceased's place of residence and killed her, stating, `If I can't have you, then nobody else can.' Although he admitted to stabbing his wife, he claimed that he did not mean to do it. The defendant denied leaving home with the deliberate intention of killing his wife. His plea of not guilty on the basis of no intent to harm was unanimously rejected by the jury, and the defendant was sentenced to life imprisonment.

Cecil The defendant and deceased had been living together for 13 years and married for seven years when he was charged with her murder. Their relationship had been under strain for a year up to the time of the murder. In an effort to improve their Appendix: Case Summaries 207 relationship, the defendant stopped working night shifts. His wife had returned to full-time employment when their three children were all in school and she had taken to going out in the evenings once a week with her work colleagues. The defendant and deceased had been arguing for months according to the defendant and, at the time of the murder, an argument had taken place in their bedroom. The defendant told the deceased to take the knife he had bought previously for her protection and stab him with it. As she moved forward the defendant stabbed her. The defendant had previously been convicted of murdering his girlfriend when he was 19 years old. Psychiatric examination of the defendant diagnosed him with reactive depression. The Prosecution was willing to accept a plea of diminished responsibility since there was substantial medical evidence, and also since there was no history of marital violence. In addition, the defendant had expressed immediate remorse and he had also been very truthful about the events leading up to the homicide. Although the plea was accepted by the court, the defendant was sentenced to life imprisonment on the basis of his previous murder conviction and grave concern regarding the defendant's ability to man- age intimate relationships.

Colin The defendant, a self-employed builder with 11 previous offences, was charged with killing his wife by strangling her and then immersing her in an acid bath. The defendant and deceased had been married for eight years and their relation- ship was quite turbulent, with the defendant assaulting the deceased on many occasions. Approximately six months before the homicide, the deceased left home for a month and had an affair with another man. The defendant was aware of her affair. He was an extremely jealous and possessive man and the Prosecution claimed that the deceased's death had been planned many days before, although the precise motive is unclear. The deceased named the defend- ant as the person who was responsible for attempting to kill her before she was taken to the hospital where she subsequently died of her injuries. In police interviews, the defendant refused to co-operate or provide alibis to prove his innocence. The question of whether the defendant's morbid jealousy was sub- stantial enough to affect his mental condition to reduce a charge of murder to manslaughter was raised in psychiatric examinations of the defendant. The majority of medical opinions found the defendant suffering from an abnormality of mind. The defendant pleaded guilty to manslaughter on the grounds of diminished responsibility. However, he was found guilty of murder and sen- tenced to life imprisonment with a recommendation that he serve a minimum of 18 years.

Donald The defendant was charged with the murder of his wife. They had been married for 17 years, and for some time their marriage had been unhappy. The defendant worked long hours as a ganger and the deceased did not like the fact that he spent so much time away from home. The deceased had a number of boyfriends, which had a negative effect on their marriage. The defendant and deceased received poison pen letters about the deceased's affair, and there was strong suspicion that the defendant was responsible. The deceased had decided that she would leave 208 Appendix: Case Summaries the defendant, and she moved in with her sister. She still returned to the family home daily to care for the children. At the time of the homicide, the deceased had taken the children to school to attend a `disco' and then walked home. An argument between the defendant and deceased took place, with the deceased talking about taking the children away from the defendant. The defendant strangled the deceased with a pair of tights. He then attempted to dispose of her body and her car. The deceased had made arrangements to meet up with her current boyfriend and when she did not show up, he went in search of her. At the police station, the defendant initially gave a statement about his wife's move- ments. Later he confessed to murdering her. A psychiatric evaluation of the defendant concluded that he had been suffering from depression for some time as a result of his wife's rejection. He had attempted suicide on several occasions in the past. His plea of guilty to manslaughter on the grounds of diminished responsibility was accepted and the defendant was given a hospital order under section 37 of the Mental Health Act 1983.

Garth The defendant was a transport worker who had previous convictions ranging from theft to indecent assault when he murdered his common-law wife by strangling her. The defendant and deceased had both been previously married before meeting each other. They had been living together for four months when the homicide occurred. Their relationship began to deteriorate when the deceased stated that she wished a reconciliation with her husband. The defendant was very jealous and possessive of the deceased, and did not wish her to return to her husband, particularly since the deceased was pregnant with the defendant's baby. Threats of violence and death were made by the defendant towards the deceased in an effort to prevent her from leaving him. He also feigned a heart attack. The defendant killed the deceased after she informed the defendant of her decision to get back together with her husband and that she was also considering an abortion. The defendant pleaded guilty to manslaughter on the grounds of provocation. However, the Prosecution believed that the defendant was a patho- logical liar and they were suspicious about his claims of provocation. He was found guilty of murder and sentenced to life imprisonment with no recommen- dation. On appeal, the defendant claimed that the provocation had not been directed to the jury by the judge. His appeal was denied.

Jack The defendant stabbed the deceased, his wife, when she taunted him about his lack of sexual prowess. At the time of the murder the defendant had recently sold his business and was unemployed. The deceased had filed for a divorce from the defendant a year before the murder after a domestic fall-out over disagreements regarding their finances. However, they remained living together. They had been married for eight years but the marriage had become unhappy when the defend- ant suspected the deceased of seeing another man. Prior to the murder taking place, the defendant had evicted the deceased from the matrimonial home, refused access to her and threatened to kill her should she return. The defendant alleged that the deceased had returned home and began to taunt him, resulting in her death. A plea of manslaughter on the grounds of diminished responsibility Appendix: Case Summaries 209 and provocation was submitted by the defence. The medical evidence suggested that the defendant had been suffering from reactive depression. However, he was found guilty of murder by a jury and sentenced to life imprisonment.

Jerry The defendant was charged with the death of his wife of 16 years who had an epileptic condition. Both the defendant and deceased were gainfully employed. However, they ran into financial difficulties six years prior to the death of the defendant's wife. A month before her death, their financial situation worsened to a point where a joint decision was made to set fire to their home in order to collect the insurance on the house and solve their financial difficulties. In the course of setting the fire, the deceased had vomited and died as a result of inhaling her vomit which may have been caused or aggravated by smoke inhala- tion and her medical condition. The defendant was aware of what had occurred, but failed to obtain help for his wife until some hours later. He was charged with arson and unlawfully killing his wife (manslaughter). He had previously been convicted of theft. The defendant pleaded guilty to manslaughter and was given a suspended sentence of two years' imprisonment.

Jim The defendant and deceased had been cohabiting for three years when the homicide occurred. Both were gainfully employed and had been living together in a jointly purchased terrace house. Although their relationship was not violent, it was described as turbulent. The relationship between them had deteriorated and the deceased chose to leave the defendant because of numerous arguments. The defendant was keen on a reconciliation but the deceased maintained that she would leave once she could find alternative accommodation. Despite the decea- sed's intentions of leaving, they still shared a bed. The defendant manually strangled the deceased in bed upon returning one evening from a night out. They had been rowing when the defendant became violent and grabbed the deceased's throat. Realising that he was asphyxiating her, he released her. How- ever, another row occurred, and this time the defendant killed her. The defendant then attempted suicide. He admitted to killing the deceased during an argument because he was upset about their break-up. His plea of guilty to manslaughter on the basis no of intent to kill was accepted by a majority of the jury and the defendant was sentenced to ten years' imprisonment.

John The defendant, aged 55, was charged with the murder of his wife. The deceased was suffering from a form of brain disease and the defendant himself was not in the best of health. In addition to this, mounting financial debts were cause of worry for the defendant. At the time of the homicide, the defendant and deceased had gone out for a drink and then returned home. Worrying about their situation had prevented the defendant from sleeping and he had woken his wife early the next morning to discuss the situation. Whilst making a cup of tea he decided to kill his wife and he subsequently strangled her with a shoe lace. His daughter heard the deceased's cry for help, but could not stop the defendant. He admitted to killing his wife, stating that he could no longer cope with the situation. The 210 Appendix: Case Summaries deceased's condition had deteriorated and he did not want her to suffer. Prior to the killing, the defendant had consulted his doctor about his symptoms of anxiety and depressive illness which prevented him from working. The defendant pleaded guilty to manslaughter on the basis of diminished responsibility. He was sentenced to three years' probation.

Joshua The defendant was charged with the unlawful murder of his wife to whom he had been married for 13 years. She died as a result of head injuries made with a blunt instrument. He was 17 years her senior, and their marriage was not a particularly happy one. The defendant had a habit of humiliating his wife and had been violent towards her as well. The deceased had begun divorce proceedings and had been sleeping in a separate bedroom for the last two years. A year and a half prior to the murder, the deceased had been involved in an extra-marital relationship. The defendant was aware of this. The defendant claimed that he had found his wife's body when he noticed what he thought were the remains of a fox's meal in the barn. He was arrested for the murder of his wife. During police interviews, the defendant brought suspicion upon himself when he changed his version of events surrounding the homicide. Given that the defendant was in financial difficulties at the time of his wife's death, a likely motive for the murder was the large insurance claim he would gained from her death. The defendant pleaded guilty to manslaughter on the grounds of diminished responsibility. However, his plea failed and the jury found the defendant guilty of premeditated murder. He was sentenced to life imprisonment.

Kevin The defendant was charged with the murder of his wife who had been strangled to death. They had been married for over ten years. He was 12 years older than the deceased and unemployed at the time of the murder. The defendant had received medication in the past for his neurotic symptoms and stress. When the deceased decided to leave the defendant because of his immaturity and neurosis, he developed symptoms of morbid jealousy, believing that the reason why she wanted a divorce was because of another man. The defendant had mistakenly believed that his wife was having an affair with another man, and his actions were an attempt to prevent his wife from leaving the house. There was no evidence to indicate that his wife was in fact, involved with someone else. Psychiatric examination found the defendant suffering from pathological jea- lousy. His plea of guilty to manslaughter on the grounds of diminished respon- sibility was accepted, and the defendant was sentenced to six years' imprisonment.

Larry The defendant had been together with the deceased for 15 years, having been married for eight years, when he was charge with murdering the deceased and their daughter at their family home. He was 59 years old and unemployed with no previous convictions at the time of his arrest. The defendant has shown signs of schizophrenia in the past, and his relationship with the deceased deteriorated when he became mentally ill again. The deceased and their daughter had been Appendix: Case Summaries 211 sleeping away from home and divorce proceedings had begun when they were murdered. He initially confessed to the murders to his other daughter, claiming that an argument between the defendant and deceased took place in the family home and the defendant began hitting the deceased and his daughter with an axe. The defendant complained of hearing noises in his head and was unable to remember anything about the murders during the police interview. His plea of guilty to manslaughter on the grounds of diminished responsibility due to para- noid schizophrenia was accepted. The defendant was given a hospital order under section 37 and a restriction order under section 41 without limit of time under the Mental Health Act.

Matt The defendant, a coremaker, denied murdering his wife and he claimed that she had committed suicide. She had attempted to commit suicide once before. Both the deceased and defendant were Asian and they had been married for just over ten years. The deceased had complained about verbal abuse by her in-laws and her husband, and she also complained of physical assaults by her husband. Although the deceased made attempts to leave her husband, pressure from her family and friends forced the deceased to return reluctantly to the marital home. The deceased, fearing that the defendant would eventually kill her, kept a diary of her domestic situation. The defendant denied mistreating his wife and he served an alibi notice maintaining that his wife's had committed suicide by hanging herself despite strong scientific evidence which suggested that this was not a plausible explanation. The deceased had been strangled by a piece of electrical flex in the family home. The defendant's plea of not guilty to murder was rejected by the jury and the defendant was sentenced to life imprisonment.

Mark The defendant, a merchant seaman, was charged with the murder of his wife. They had been married for five years and the early stages of the marriage were happy. The defendant was described as a possessive and jealous person who was totally besotted with his wife. The deceased was working as a radio operator, but changed jobs and it was in her new job that she formed a relationship with another man. The defendant was not aware of her affair. Their marriage began to deteriorate several months prior to the murder, with the deceased stating her desire for a divorce. The defendant was opposed to this course of action and threatened suicide should the deceased leave him. At the time of the murder, the defendant had confronted the deceased about having an affair which he dis- covered through a photograph. Upon asking the deceased what he ought to do, the deceased challenged the defendant to throttle her, and he did. Death was the result of asphyxiation. The defendant then attempted to take his own life. The Prosecution accepted a plea of manslaughter on the grounds of diminished responsibility since psychiatric evaluations found the defendant to be suffering from a state of depression at the time of the homicide. The defendant was sentenced three years' imprisonment which was regarded as unduly lenient by the deceased's family. 212 Appendix: Case Summaries

Mike The defendant had been living intermittently off and on with the deceased for four to five years when the murder took place. The defendant had been previously convicted for dishonesty and drug-related offences. Their relationship was characterised by violence which the defendant inflicted on the deceased. Eight weeks prior to the killing, the deceased left the defendant, and a court injunction was taken out against him to prevent him from molesting or interfer- ing with her or her children because the defendant had been exhibiting beha- viour consistent with jealousy and possessiveness. At the time of the homicide, their youngest daughter was to be christened and the defendant had arranged to take the deceased to the christening. The defendant did not, however, arrive on time and behaved badly at the christening. Afterwards, they returned to her family home for a celebration and the defendant took the deceased to a bedroom whereupon he stabbed her with a knife. The defendant denied premed- itation, claiming that he did not intentionally leave the room he was in with the deceased to fetch the knife which was in his jacket pocket. Rather, he had gone to fetch some cigarettes which were also in his jacket. Psychiatric opinions of the defendant's mental state was divided ± some psychiatrists claimed the defend- ant was not suffering from a mental illness, others found the defendant suffering from limited intellect, dysmorphophobia, paranoia and depression. The defen- dant pleaded not guilty to manslaughter on the grounds of diminished respon- sibility. The jury could not agree on an appropriate outcome, and a retrial was ordered. The defendant was subsequently sentenced to seven years' imprison- ment.

Roger The defendant and deceased had been in a common-law relationship for the past 16 years when he was arrested for murdering the deceased with a gun. Both the defendant and deceased were gainfully employed and neither had previous criminal convictions. Their relationship had deteriorated and the deceased had asked the defendant to leave the family home. The defendant was not aware that the deceased had been having a relationship with another man. The defendant had moved out as requested, but continued to return daily to the family home to care for his racing pigeons. On the day of the murder, the defendant had been drinking prior to attending his pigeons. At the family home, a severe argument took place during which the defendant lost his temper and shot the deceased before turning the gun on himself in an attempted suicide. He admitted to shooting the deceased when she told him that she had been seeing another man. A psychiatric examination found the defendant suffering from grief reaction with depression. As anticipated by the Prosecution, the defendant pleaded guilty to manslaughter on the grounds of diminished respons- ibility. His plea was rejected and the defendant was convicted of murder and sentenced to life imprisonment.

Roy The defendant, a xenotron operator, and the deceased, a manageress, had been married for 18 years when he was charged with her murder. There was a long Appendix: Case Summaries 213 history of arguments during their marriage, but the defendant did not physically abuse the deceased. Their relationship deteriorated significantly when they dis- covered that the defendant's mother was diagnosed with cancer. She came to live with the couple and the deceased cared for her until her death five months after moving in with them. The defendant was extremely upset about his mother's death and blamed the deceased for not caring for her sufficiently. As a result, the deceased left the defendant and moved out of the family home. Thereafter, the defendant made numerous attempts to see the deceased to effect a reconciliation. The deceased had returned on several occasions to collect her personal belong- ings and had told the defendant she did not wish to speak to the defendant again. On the deceased's third visit to the family home, the defendant and deceased had an argument and the deceased died as a result of asphyxiation. The defendant then attempted suicide. He was diagnosed as mentally ill with depression and suicidal. The Prosecution anticipated a defence of diminished responsibility due to the deterioration of the defendant's mental health upon initial arrest. He was found guilty of manslaughter and a hospital order and restriction order were made under the Mental Health Act.

Sam The defendant and deceased had been together for two years when he was charged with her murder. Both of them had over 15 previous offences, mostly for drug-related charges. They were both heavy drug users, and the deceased abused alcohol as well. The defendant and deceased had a stormy relationship, with numerous domestic arguments resulting in violence by one party on the other. Following an argument late one evening, under the influence of drugs and alcohol, the defendant stabbed the deceased. He was unable to recall the events until after he became aware that the deceased was dead, at which point, the defendant attempted suicide. The defendant initially confessed to a neighbour the following day that he had killed the deceased before calling the police. His plea of guilty to manslaughter on the basis of no intent was accepted by the court. The defendant was sentenced to five years' imprisonment.

Tony The defendant, aged 30, and the deceased, aged 25, had been married for four years when he was charged with her murder. He was working as an instru- ment technician and was also renovating the house they were living in, with the plan of purchasing the house in the near future. The deceased was also employed in full time work but took little interest in their house renovations. A year before the murder, the deceased began to go out without her husband and had taken a trip abroad with several girlfriends. The deceased formed a relation- ship with another man on this trip and continued to maintain contact with him upon her return. The defendant had been receiving anonymous phone calls which claimed that the deceased was `messing about' and he had also discovered letters written by her lover. At the time of the murder, the defendant and deceased had an argument in which the defendant challenged the deceased about having an extra-marital affair. The deceased denied having an affair. Upon confronting the deceased about letters he had discovered, the defendant claimed that she attacked him. The deceased stated that she had plans to buy 214 Appendix: Case Summaries the house without the defendant, and intended to leave him with nothing. A physical fight followed, with both parties attacking each other. The deceased had then struck the defendant with an Acrow prop and he in turn did likewise, killing the deceased. In police interview, the defendant stated that he was angry at his wife for what she had said to him before the assault. He had envisaged his marriage ending and that he would lose everything he valued. Psychiatric evaluations found the defendant to have an over-controlled personality combined with a depressive illness which impaired his mental state at the time of the homicide. He pleaded guilty to manslaughter on the grounds of diminished responsibility and provocation. He was sentenced to three years' imprisonment.

Tom The defendant was charged with the double murder of his common-law wife and their baby son in their family home. They both died of multiple stab wounds and injuries to the head. The defendant and deceased's seven-year relationship was strained and volatile, with the deceased threatening to leave the defendant for someone who was better able to provide for herself and her son. They were extremely hard-up and lived in squalid conditions, and frequent arguments took place over food and money. The defendant occasionally assaulted the deceased. The deceased claimed during an argument that the defendant was not the baby's father, but rather, the father was a friend of his. The defendant had worked in numerous part-time cleaning jobs and was expecting to obtain some work from his friend when the murder occurred. A violent argument took place between the defendant and his friend when the cleaning work was denied to the defendant. According to the defendant, his friend also told him that he was the child's father. The defendant took a knife from the kitchen and returned home where he attacked his wife and their baby. He claimed responsibility for their deaths and stated that his wife's threats to leave him for his friend and the suggestion that he was not the child's father was the cause of his actions. The defendant was, in fact, the father of the baby. Psychiatric evaluation of the defendant found him suffering from schizophrenia, which would explain his abnormal beliefs and experiences. His plea of guilty to man- slaughter on the grounds of diminished responsibility was accepted and he was detained under a hospital order (section 37) for an indefinite period of time (section 41).

Trevor The defendant, aged 71, was charged with the murder of his wife, aged 79. They had been married for over 40 years and he had killed his wife by strangling her because she was getting on his nerves. Their marital history indicated a degree of disharmony and turbulence with the deceased leaving the defendant on several occasions in the past six years prior to the homicide. The defendant admitted that there were a number of violent incidents perpetrated by the defendant in the past. After a heart attack, the deceased return to the defendant who cared for and looked after her. At the time of the murder, the defendant had lost his temper when his wife spoke about the ointment for her tongue. He claimed that she was domineering, difficult and was shouting at the defendant. Psychiatrists diagnosed Appendix: Case Summaries 215 the defendant as suffering from an anxiety state complicated by an agitated depression which affected his mental state at the time of the murder. His plea of manslaughter on the grounds of diminished responsibility was accepted by the Prosecution. He was sentenced to two years' probation, a disposal viewed by the Prosecution as one which `tempered justice with mercy'. Notes

Introduction

1 Newspaper stories in Britain abound. In particular, media coverage of the Sara Thornton and Rosemary West cases in England has been extensive. See for example, `What makes women kill men?', Observer, 3 August 1997; `Death a sign that people can change' The Independent, 3 June 1996; `Good cause, shame about the emblem', The Times, 2 June 1996. 2 Feminist interest in this area has still remained scarce. See Birch (1993) and Daly (1992, 1994) for recent writings. 3 A notable exception includes a study by Hart (1994). 4 Infanticide is the other area of homicide committed predominantly by women. 5 Partners include spouse, former spouse, cohabitant and lover (Criminal Stat- istics 1998). See also Home Office News Release, Domestic Homicide Statistics 17 October 1991. 6 Taylor (1986: 1682) argues that the lawyers who represent female defendants and the judges who preside over the trial have learned criminal law with little attention paid to female defendants. 7 Campbell in Foreword to Jones (1980: xiii). 8 Ibid., xi.

1 Contexualising Domestic Homicides

1 At the beginning of my research on this topic, there had not been any known studies on women who kill their partners in England and Wales. 2 Such is the case of Catherine Hayes who was executed in 1726 for the murder of her husband and while `being strangled in the accustomed manner. . . the fire scorching the hands of the executioner, he relaxed the rope before she had become unconscious, and in spite of efforts at once made to hasten combus- tion, she suffered for a considerable time the greatest agonies' (see Andrews in Bygone Punishments [1899] as quoted in Campbell [1984: 45]. 3 Many criminal law reformers of the eighteenth century remarked on the harshness of the penalty. See Hill (1967). Women would be drawn and quar- tered only if they were charged with treason. 4 Campbell (1984: 52±5) points to the lack of rights the common law provided for a prisoner coming to trial, which also included lack of entitlement to a copy of the indictment, copies of the deposition or to inspect those deposi- tions taken against the defendant, and the inability for the defence counsel to address the jury. 5 It would have been unlikely that many male defendants would have been successful in making an appeal either. As Harding (1966: 139) writes, `the Crown was not disposed to give a second chance to its victims. The criminal

216 Notes 217

was hurried away to execution, and for centuries it was virtually an axiom that criminal judgements could not be reviewed.' 6 Reported in The Gentleman's Magazine (1753), as cited in Gavigan (1990). 7 Ibid. 8 Defamation against women in the form of sexual slander is one example of personal grievances litigated in the courts. Laura Gowing's (1994) work demonstrates how women were able to shape both language and legal pro- cess to their own ends and also negotiate their tenuous position before a tribunal where stories told by men were more likely to be believed and seen as more legitimate. 9 See the case of Marie Lafarge in Hartman (1985). Philips (1988) also cites an editorial in an American feminist magazine of 1868 which stated that `there is no hope for two people shackled in the manacles of an unhappy marriage, but a release by death . . .' 10 Although none of these studies makes any reference to women killing their spouses because they were physically abused, it cannot be discounted since wife abuse was recognised in the seventeenth century. By the nineteenth century, wife abuse was considered a serious social problem in need of atten- tion (Hammerton 1992). As in the twentieth century, disagreements existed over the real levels of domestic violence, particularly in light of the acknow- ledged problems of erratic information available. Twentieth-century studies demonstrated that violence against women became more prominent and greater recognition was attributed to abuse of women as a major reason for women killing their spouses. 11 See the Criminal Law Revision Committee (1980) Offences against the Person, 14th Report. Cmnd 7844 for a discussion of changes to the law of homicide. 12 The historical examination of marriage and divorce in England highlights the long and arduous fight for serious recognition of wife abuse which has in some cases led to death. Hammerton (1992) and Stone (1993) offer com- pelling evidence of the oppressive conditions which many women suffered due to the dismissive attitudes of the courts in early modern England. 13 Research by Lombroso and Ferrero (1895) and Pollak (1950) have been the most cited sources for providing positivistic biological explanations. 14 Home Office Domestic Homicide Statistics, News Release, 17 October 1991. Calculations taken from Criminal Statistics for the years 1983±93 indicate similar percentages. In homicides where the relationship with the victim is a spouse, cohabitant, former spouse or former cohabitant, 15.3 per cent were women offenders and male victims compared with 84.7 per cent male offen- ders and female victims. 15 Wolfgang's (1958) landmark study of 550 homicides in the Philadelphia area found that in 416 homicides, or 72 per cent of the total homicides, the victim and offender were non-white. From this group of 550 homicides, 89 were perpetrated by non-white women compared to only 16 by white women (1958: 223). 16 The concept of `race' in these studies suggest reference to physical character- istics of the homicide defendants. 17 Mann (1987: 159) states that, between 1958 and 1984, only two studies were concerned exclusively with black female criminal homicide offenders (see McClain 1982a and 1982b). Two studies were conducted where black female 218 Notes

offenders constituted the largest proportion of the sample (Suval and Brisson 1974; Weisheit 1984), and five studies were conducted in which black female homicide offenders were discussed in conjunction with white and/or other offenders, yielding data that made it possible to isolate the black subsample (Wolfgang 1958; Cole, Fisher and Cole 1968; Gibbs, Silverman and Vega 1977, cited in Mann 1987; Totman 1978; Wilbanks 1983). See Mann (1996) for the most recent study available. 18 Recently published books about violent women highlight the current public sentiments. See Pearson (1998); Kelleher and Kelleher (1998). 19 Huggett and Berry (1956: 43), as cited in Blum and Fisher (1978). 20 See Edwards (1984), who argues that punishment of female defendants is aimed chiefly at treatment and resocialisation rather than punishment for the crime. There is no indication that male defendants are treated this way. 21 Quoted in MIND's Evidence to Government Select Committee on PMS, 1985, Great Britain. 22 She points to the continued similar treatment of criminal women: `the labels applied to them are arbitrary and their treatment is often far removed from personal needs.' Chapter 4 discusses in detail women's relationship to psy- chiatry. 23 Newspaper articles in Britain have been giving greater attention to women's acts of violence and the violent behaviour of young girls. See, for example, `Girls get violent', The Independent, 2 May 1996; `They're mean, they're violent, they're girls', The Mail on Sunday, 7 May 1995; `Mafia mammas are more deadly than the male', Sunday Telegraph, 19 January 1992. For lengthier accounts of women's criminality, see Pearson (1998). This position is not a new one. Debates have occurred sporadically in the last two decades over the number of men battered by women. See, for example, Steinmetz (1977); Straus (1993); Cook (1997). 24 It should be noted that Pearson's argument in her book When She Was Bad is not based on discussions or interviews with violent women. 25 Teresa de Lauretis (1987) goes further by arguing that violence is engendered in representation because it is not only located in language or in representa- tion, but it plays a role in the constitution of subjectivity. In accounting for gender, by which de Lauretis is referring to the techniques and discursive strategies which construct gender, whether the concept of violence is used to refer to the social practices of violence or to some form of discursive representation at work, the representation of violence is inseparable from gender. 26 Heidensohn (1996) notes that actual statistics of women's use of violence in 1996 has remained relatively stable for a several years at around 11 per cent of violent offences in the UK, Europe and North America. Similarly, Chesney- Lind (1997: 116) claims that the increase in the number of women arrested for serious crimes of violence went up by only 5.5 per cent in 1993±94 and that in overall terms, women's share of violent crimes is stable. Pearson (1998) argues that women's rates of violence have increased. Her rates of increase, which were calculated between the 1960s and 1990s when all crimes had an overall increase, are misleading. Relative to the increase in violent crimes by men, it has not been proven that women's crimes are soaring out of control. Notes 219

27 The media and many conservative activists and academics have spearheaded the debates that the excuse of dysfunctionality and abuse has turned society into a nation of victims. See Reform Party Annual Report (1997); `The abuse syndrome is being abused', Globe and Mail, 26 October 1998; Sykes (1992); Sommers and Baskin (1993); Hughes (1993); Dershowitz (1994). 28 Such a view ignores the long-standing problems women have had and con- tinue to experience in bringing attention to the problems of violence experi- enced within the home. The crimes of violence against women and the failure of the criminal justice system to remedy the problems are well docu- mented. See, for example, Dobash and Dobash (1979); Pleck (1987); Gordon (1988); Freeman (1989). 29 The `liberation thesis' was first proposed by Freda Adler in 1975. 30 Early research on women's criminality drew direct links between crime and bad and mad women. Current discussions are more wary of drawing overt conclusions about women. 31 A sociological approach to the study of female deviance took hold in the 1960s.

2 Methodology and Overview of the Cases

1 For example, in some cases the defendant's plea is accepted by the Prosecu- tion, but the courts rejected it. In this situation, it would be helpful to have access to the transcript of the trial since it could explain why this occurred. However, at a CPS region I visited, the chief law clerk explained that tran- scripts are available only where the decision of the case may have an impact on future cases since they are expensive to produce. 2 Stanley and Wise (1993: 159). See also Reinharz (1992) and Mies (1993) on feminist methods in the social sciences, Gerhard (1993) on feminist socio- legal research, and Gelsthorpe (1990) on feminist research in criminology. 3 See also Millman and Kanter (1987). 4 Female cases range for the years 1986±91 whereas male cases are for the years 1988±91. 5 For example, America does not distinguish between murder and manslaugh- ter, but there are various levels of homicide, each carrying a range of penal- ties. Also, the availability of handguns in America alters the circumstances in which many homicides occur. 6 The presence of violence in the relationship between the defendant and victim is a recurring theme in earlier studies as well. 6 Female cases are for the years 1986±91 whereas male cases are for the years 1988±91. 7 Although percentages are used for ease of reference in describing homicide cases, the reader should bear in mind that the number of cases referred to will be small since the total number of cases is 50. 8 The categories of race in this study refer to `the identity of a person in a social group' rather than the expression of `natural characteristics' which distinguishes individuals from one another. This concept of race can be interpreted in terms of nationality, class, religion, awareness of ethnic dis- tinction, etc. For further elaboration on this position, see Guillaumin (1995). 220 Notes

9 The main difference between these categories is the immediacy of arrest after the murder. Those defendants who were arrested on suspicion of murder were usually arrested towards the end of the murder investigation. However, those who were arrested based on information given by a family member or friend tend to be arrested at the beginning of the murder investigation.

3 Homicide, Intention and Responsibility

1 This was laid down in the authoritative judgement of the Court of Criminal Appeal in R.v.Vickers [1957] 2 Q.B. 664. 2 [1974] 2 All. E. R. 41. 3 [1985] A.C. 905. 4 [1986] 2 WLR 357. 5 [1986] A.C. 455. 6 [1957] 2 Q.B. 664. 7 Criminal Law Revision Committee (1980) Offences against the Person, 14th Report. Cmnd 7844. 8 Ibid., para 19. 9 See the discussion of Jenny, Lucy and Gillian's cases in this chapter. 10 The discussion of Helen and Brian's case in this chapter supports this claim. 11 For a full discussion of the partial defence of provocation, see Chapter 5. 12 In the cases discussed here, alcohol consumption led to aggressive behaviour. However, studies about the effects of alcohol and violence indicate that for others, it can act as a depressant. See, for example, Loseke (1992). 13 Studies conducted on intimate femicide highlight the fatal effects of males partners who have controlling and possessive personality traits. See Wilson and Daly (1992) and Campbell (1992). 14 Edwards (1989) reports that women's experiences of police protection has generally been negative. Various studies conducted confirm the low confid- ence women have about adequate police protection. See Bowker (1984); Brown (1985); Edwards (1989); Hoyle (1998). 15 As Mirrlees-Black (1999: 62) notes, similar rates of victimisation do not offer a `real' picture of the problem. Explanations of similar rates need to be qual- ified by noting that men may be more likely to report trivial incidents compared to women, the violence is typically less serious for men, and it is difficult to understand the true extent of the problem since many men are reluctant to discuss this issue. 16 In this case, the defendant was charged with manslaughter rather than murder. 17 See, for example, the works of Norrie (1993) and Kelman (1981).

4 Gender, Murder and Madness

1 The terms `madness' and `mental illness' are used interchangeably through- out this chapter. My claim is that mental illness has a socially constituted element, but it is also a legitimate condition, containing behavioural char- acteristics ranging from insanity to everyday unhappiness. Hence, the con- cepts of madness or mental illness refer to both the psychological and Notes 221

physiological notion of mental illness and the socially constructed categories defining such illness. 2 Since the publication of Kaplan's book, DSM-IV succeeded DSM-III in 1994. 3 Sections 3 of the Mental Health Act 1983 in the UK states that an individual can be detained in hospital for treatment and section 37 states that if you are charged with, or found guilty of, an offence that could be punishable by imprisonment, then it is possible for the court not to record a conviction. Instead they can make a hospital order for treatment or a guardianship order. This is not possible if the offence committed carries a sentence that is fixed by law (murder). If the court makes an order under this section then it is instead of going to prison, being put on probation, or being fined. 4 The case in other western industrialized countries such as Canada, where a similar defence of diminished capacity is available. 5 (1960) 3 All E.R. 1. 6 Cited in Williams (1990: 183). See R v. Gomez (1964) Cr. App. R. 310 (CCA). 7 Many feminist legal scholars have pointed out that the reasonable person standard has traditionally been interpreted in favour of how a reasonable man would respond but not how a reasonable woman may respond in a similar situation. See the discussion in Chapter 5 for further details. 8 Home Office, DHSS (1975) Report of the Committee on Mentally Abnormal Offenders, Cmnd. 5698. Debate surrounding the moral issue concerns whether or not the defendants' inability to control their behaviour ought to constitute a lack of mental responsibility and mitigate their crime(s). 9 Zimmerman's (1988) study found that different research groups interpret the same criteria of depression differently. 10 (1994) 98 Cr.App.R. 325 11 Both the Butler Committee and the CLRC have proposed a rewording of section 2 of the Homicide Act. See Home Office (1975) Report of the Committee on Mentally Abnormal Offenders Cmnd. 6244, and the Criminal Law Revision Committee (1980) Fourteenth Report: Offences against the Person, Cmnd. 7844. 12 See also O'Connell [1997] Crim. L.R. 683. 13 There were minor exceptions in the cases of two female defendants who made pleas other than diminished responsibility and two male defendants who made joint pleas of diminished responsibility and provocation. 14 Hilary Allen's (1987) study of gender and psychiatric decisions found similar results in that psychiatrists typically focused on the external, observable behaviour of men in locating their mental `disorder'. In contrast, the site of women's mental `disorder' is located in their inner events and feelings. 15 Morbid or pathological jealousy constitutes a subtype of delusional disorder where the person believes, incorrectly, that his/her partner is unfaithful. 16 See note 3 above. 17 Section 41 of the Mental Health Act 1983 refers to the powers of higher courts to restrict discharge from a hospital and is used in conjunction with section 37 of the MHA 1983. If the defendant, who is under a hospital order, is seen as posing a serious risk of harm to the general public, a crown court can impose a `restriction order'. 18 See Chapter 6 for a fuller discussion of the battered woman syndrome and its possible role in domestic homicides in England. 222 Notes

5 Access to Provocation and Self-defence

1 [1707] 84 E.R. 1107 at 1114. 2 Ibid., at 1113. 3OrManning (1672) 1 Vent 159; 86 ER 108. 4 Coleridge, J in Kirkham (1837) 8 Car&P 115; 173 ER 422. 5 [1869] 11 Cox CC 336. 6 Ibid., at 338±9. 7 [1913] 9 C. App. R. 139. 8 [1914] 3 K.B. 1116. 9 [1942] AC 1. 10 [1946] AC 588. 11 Ibid., at 598. 12 Ibid., at 933. 13 Ibid., at 932±3. 14 Ibid., at 934. 15 Report of the Royal Commission on Capital Punishment (1953) (Cmnd 8932) paras 124±53, at para 126. 16 [1978] AC 705. 17 On appeal, [1978] 1 Q.B. 254 at 262. 18 See Note, (1986) 99 Harvard Law Review 1293. 19 Taylor (1986: 1694). See Holmes v. D.P.P. [1946] 2 All E.R. 124, at 128. 20 (1980) 130 New Law Journal 1163. 21 [1992] 1 All E.R. 306 22 Miller, S. `Driven to destruction', The Guardian, 20 February 1991. 23 H. Mills, `Murder case wife loses provocation appeal', The Independent, 30 July 1991. Sara Thornton has submitted a second appeal on her case. The Appeal Courts have reserved judgement thus far. 24 [1992] 1 All E.R. 306, at 316. 25 'MP seeks amendment to law on provocation for wives who kill', The Guar- dian, 31 July 1991. 26 See `Freedom for wife killer', The Guardian, 22 February 1994; `Husband jailed for killing wife who showed him diary of affair', The Guardian, 27 July 1993; `Court frees father who strangled unfaithful wife', The Guardian, 6 April 1993; `Nagged killer goes free', The Guardian, 30 January 1992. 27 (1993) 96 Cr. App. R. 133. 28 'Battered wife ruling a landmark, says lawyers', The Guardian, 26 September 1992. 29 (1993) 96 Cr. App. R. 133, at 138±9. 30 [1995] 4 All E.R. 1008. 31 [1978] AC 705 at 718. 32 (1993) 96 Cr. App. R. 133, at 140. 33 Ibid., at 141. 34 Ibid., at 141. 35 Incidental remark without binding authority. 36 [1995] 4 All. E.R. 1008 37 71 Crim. App. 331 (C.A. 1980). In this case, the courts did not regard the defendant's drunkenness as a special characteristic. Notes 223

38 [1995] 3 All E.R. 659. In line with earlier judgements in Camplin and Newell, the defendant's addiction to glue-sniffing was not accepted as a relevant characteristic of the reasonable man. 39 Home Office, `Domestic Homicide Statistics: News Release', 17 October 1991. 40 J. Daley, `Gender is no justification', The Times, 16 August 1991; P. Stevens, `Beaten wives have no licence to kill', The Times, 10 September 1991; R. Pendry, `An icon of sexual politics', The Spectator, 1 August 1992. 41 In two of the male cases, joint pleas of provocation and diminished respon- sibility were made. Jack's case was also referred to in the previous chapter since he was diagnosed with a mental illness. However, Joshua's case is mentioned in this chapter for the first time since he was not diagnosed with any form of mental illness. 42 Ian Leader-Elliott (1997: 151) refers to sexual provocation as `the claim that infidelity, desertion or sexual humiliation drove the offender to kill a rival or a sexual partner'. 43 Criminal Law Act 1967, s. 3, as cited in Lacey, Wells and Meure (1990: 300). 44 See Stephen (1883: 76). 45 Blackstone (1897: 445). 46 [1971] A.C. 814 at 1078. 47 These studies have confirmed the use of knives or handguns as the most common weapons. 48 [1605] 77 E.R. 194 (K.B.). 49 Ibid., at 195. 50 In Bird [1985] 2 All E.R. 513. 51 [1990] 1 S.C.R. 852. See also R.v. Mallot [1998] 1 S.C.R. 123 which reaffirms the decision in Lavallee. 52 People v. Cameron [1975] 53 Cal. App. 3d 786 at 792. 53 [1990] 2 N.Z.L.R. 529; (1989) 4 C.R.N.Z. 674 (C.A.). 54 8/10/93, Anderson J, HC Auckland T7/93. 55 [1995] 2 N.Z.L.R. 673, 675 (C.A.). 56 R.v. Kontinnen, unreported decision of the Supreme Court of South Australia, 27 March 1992 (as cited in Leader-Elliot 1993). 57 [1977] 88 Wash. 2d 221. 58 Ibid., at 226. 59 Ibid., at 239. 60 Ibid., at 240. 61 Ibid., at 240±1.

6 Legal Reform

1 Walker (1979: xv). 2 Specifically, Walker (1979: 56±70) describes the three stages as:

a. The tension building stage During this time, minor battering incidents occur. The woman may handle these incidents in a variety of ways. She usually attempts to calm the batterer through the use of techniques that have proved previously successful. She resorts to a very common psychological defence call, of course, `denial' by psychologists. 224 Notes

b. The acute battering incident Phase two is characterised by the uncontrollable discharge of the tensions that have built up during phase one. This lack of control and its major destructive- ness distinguish the acute battering incident from the minor battering inci- dents in phase one . . . when the acute attack is over, it is usually followed by initial shock, denial, and disbelief that it has really happened. c. Kindness and contrite loving behaviour Just as brutality is associated with phase two, the third phase is characterised by extremely loving, kind, and contrite behaviour by the batterer. He knows he has gone too far, and he tries to make it up to her. It is during this phase that the battered woman's victimisation becomes complete.' 3 Experiments on this psychological paralysis Walker refers to have been con- ducted on dogs by psychologist Martin Seligman to help explain this pheno- menon. Seligman subjected dogs in cages to electric shocks at random and varied intervals. Initially, the dogs attempted to escape through voluntary action. When nothing stopped the shocks despite whatever actions the dogs took, however, they ceased any further voluntary action and became com- pliant, passive and submissive. Thereafter, even when the cage door was kept open as an avenue of escape, the dogs remained passive and accepted the shock. The dogs did not respond voluntarily again until they had been dragged out of the open door repeatedly (Walker 1979: 45±6). 4 Runjanjic v. Kontinnen [1991] 53 A Crim. R. 362; Kontinnen (1992) 16 Crim. L.J. 360. 5 R.v. Hickey (14 April 1992), (Supreme Court NSW) [unreported], as noted in Stanley Yeo, `Case and Comment' (1992) 16 Criminal Law Journal 271. 6 Sandra Horley is the first to offer expert testimony in a homicide case in Britain. `Why nobody was there for little Chantel', The Observer, 26 January 1992, p. 48. 7 R.v. Ahluwalia (1993) 96 Cr. App. R. 133 at 141. 8 Verbal insults, a discovery of a wife in the act of adultery or the knowledge that an affair has been carrying on have been regarded as in law serious and substantial, or even `the grossest' or `extreme' provocation. See Spelling (The Guardian, 27 July 1993); Singh (The Guardian, 30 January 1992); Robb (Daily Telegraph, 8 January 1988); Brooks (Oxford Times, 13 November 1979); Melle- tin (1985) 7 Cr. App. R. (S.) 9, 10. All these cases involve men killing their female partners. 9 Examples include Gardner (The Guardian, 30 October 1992); Rossiter (The Independent, 3 April 1992); Hancock (Daily Telegraph, 22 December 1987); Pearce (Daily Telegraph, 29 May 1988). These cases are of women killing their male partners. 10 `Mercy for wife who stabbed husband', The Daily Telegraph, 15 March 1994. 11 `Judge frees woman who killed her husband', The Independent, 10 February 1993. 12 `A crime to make justice falter', The Independent, 5 April 1992. Sara Thornton was released in the summer of 1995 pending a second appeal. Her first appeal was rejected (see discussion in Chapter 5) and her second appeal is based on the claim that prior provocation had never been fully investigated in her case. `Thornton case goes to appeal', The Guardian Weekly, 10 December 1995. 13 ` ``Battered'' wife fights murder conviction', The Guardian, 11 April 1994. Notes 225

14 McCabe and Purves The Jury at Work, p. 32 as quoted in Ashworth (1975). 15 See articles in The Times, 16 August 1991, 10 September 1991, 19 December 1991; The Independent, 19 August 1991. 16 Jack Ashley's Homicide (Amendment) Bill 1991 was the first attempt to give formal recognition to the plight of battered women who kill. The Bill aimed to end the requirement that a provoked loss of self-control must be sudden and included the need for cumulative violence to be taken into account. Lord Taylor gave recognition for the need to review the law of provocation on the claim that `it may be we need to reconsider that law, because sometimes there's not a time for cooling down but a time for realising what happened and heating up'. See `Taylor hints provocation law may be reviewed', The Guardian, 25 May 1992. Ashley's Bill did not succeed in Parliament, and the government has decided that no changes will be made to the law of provocation. See `Changes to law on provocation rejected', The Independent, 30 June 1993. 17 [1992] 1 All E.R. 306 at 307. 18 [1995] 4 All E.R. 1008. 19 Ibid., p. 1009. 20 The law of provocation, as discussed in Chapter 5, is regularly used to demonstrate the way in which law's objectivity is bound up with notions of masculinity. 21 The Dworkin±MacKinnon anti-pornography ordinance is an excellent exam- ple of feminist efforts to end the violent domination of women. Dworkin and MacKinnon drafted and campaigned for enactment of the law that defined some pornography as sex discrimination and gave women injured by porno- graphy a right to sue for injunctions and damages. MacKinnon attributes the resistance and eventual failure of the ordinance to `liberalism's failure to embody an antisubordination notion, First Amendment assumptions that do not apply to the situation of women, and the hegemony of the male point of view'. She argues that if pornography was seen for what it is, an issue of sex equality consistent with an anti-subordination principle and feminist jurispru- dence, then the ordinance could and would be law (MacKinnon 1989: 246±7). 22 See the discussion earlier in this chapter on the battered woman syndrome. 23 See various contributions to the journal m/f, published between 1978 and 1986. 24 Editorial (1978) vol. 2, m/f, as quoted in Adams and Cowie (1990: 26). 25 See various articles in Schor and Weed (1994), which explore and examine the questions of essentialism in feminist theory. 26 Ibid., p. 26.

7 Negotiating Gender Difference in the Criminal Justice System

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Ahluwahlia, Kiranjit, 9, 119±20, 123, rates of, 2, 9 152, 184 domestic violence, see violence alcohol, role of, 65, 67 between partners Allen, Hilary, 15, 24±5, 82, 103 Donovan, Delores, 122 Ashe, Marie, 183, 186 Ashworth, Andrew, 110, 114±15, 139, Edwards, Susan, 34, 123, 148 151, 157, 165 equal treatment in law, 182±8, 192±3 essentialism, 174±80, 193 battered women, see under homicide Estrich, Susan, 147 defendants, females in study Ewing, Charles, 160±1 battered woman syndrome, 6, 105, 123, 151±6, 173, 185±6 feminist criminology, 2, 16, 33±4 Barrett, MicheÁle, 80 feminist jurisprudence Benedek, Elissa, 20 difference dilemma, 182±8 Blum, Alan, 17±18 and essentialism, see essentialism Bochnak, Elizabeth, 139 and law reform, 166±80 Boyle, Christine, 140±1 Fineman, Martha, 170 Broverman, I.K., 81 Fisher, Gary, 17±18 Brown, Beverly, 166 Fraser, David, 86±7 Browne, Angela, 39, 138 Garfinkel, Harold, 41 Campbell, Ruth, 11, 13, 20 gender difference Chesney-Lind, Meda, 17 in circumstances of homicide, 50±4, Chunn, Dorothy, 81, 103±4, 165 181±2 Coss, Graeme, 111±13, 121 and feminist legal theory, 181±95 Crocker, Phyllis, 153 in homicides, 4, 7, 17, 77, 182, 194 and mental health, 82±4 Daly, Martin, 14, 18, 21 and motives for homicide, 71±2 diminished responsibility, 5, 52±3, and provocation, 108, 116±25 84±7, 105, 118, 184 as a research question, 39 discrimination, 7 and self-defence, 136±44, 148±9 Dobash, Rebecca, 16, 172 in sentencing mentally ill Dobash, Russell, 16, 172 defendants, 102±5 documentary analysis, 41±3 in use of violence, 21±33, 93±100, domestic homicide 183, 185 circumstances involving women, Gillespie, Cynthia, 39, 140±1, 152, 176 17±21 Greene, J., 109±10, 122 and history of violence, 21 quantitative research on, 38±9 Hacking, Ian, 29

241 242 Index

Hart, Lynda, 22 Humphreys, Emma, 120, 124, 130, 159 Hartman, Mary, 12 Hekman, Susan, 35 intention homicide, see also women who kill determination of, 5, 52±3 conviction by sex, 17 and motive, 59±77 general rates of, 2 and responsibility, 56±9 as a male phenomenon, 9, 17, 22±3 and sentencing, 77 Homicide Act 1957, 14, 56, 84±5, 113, 162 Jackson, Emily, 175 homicide defendants, in study jealousy, male, 21, 70, 100±2, 126 age of, 47±8 Jones, Ann, 158 circumstances of homicide, 50±4 Jordanova, L.J., 83±4 criminal convictions, 48±9 defendant±victim relationship, Kaplan, Marcia, 81 49±50 race of, 48 Lacey, Nicola, 14, 68, 142, 173±4, and suicide, 49 193±4 homicide defendants, females in study Lavalle, Angelique, 151, 152 as irrational, 88±91 law reform, 7, 149, 187, 189 pleading no intent/not guilty, 73±6 and feminist debate, 164±80 and provocation, 125±33 transformative dimension, 192±4 and psychiatry, 87±102, 105±7 Leader-Elliot, Ian, 105, 132, 135 and recognition of individual legal treatment of women, 11 experience, 189±90 in eighteenth-century England, 11 and self-defence, 144±6 in nineteenth-century England, 12 in violent relationships, 61, 63±5, as harmless, 15, 103 125±31, 93±100, 144±6 as mad, 24, 103, 194 homicide defendants, males in study in homicide study, 53, 102±5, 89±90 as mentally ill, 91±2 and possessiveness, 68±71, see also MacKay, R.D., 86 jealousy MacKinnon, Catharine, 167±8 and provocation, 133±6 Mann, Coramae, 19 and psychiatry, see under mental Marcus, Maria, 122 illness Martinson, Donna, 142, 152 and use of violence, 66, 71, see also May, Tim, 42±3 psychiatric disorders and McNay, Lois, 34±5 violence mental illness, 6 homicide documents, 40±1 and diagnosis of defendants, 87±107 analysis of, 46 and legal responsibility, see under contents of, 45±6 sentencing effect of using, 45 and mens rea, 84±7 selection of, 43±4 Menzies, Robert, 81, 103±4 Horder, Jeremy, 112±13, 115, 135, 156, methodology, 5 158±9, 164±5 see homicide documents Index 243

Mihajlovich, Mira, 154 and objective test, 122 Milkman, Ruth, 182±3 and provocation, 108, 111, 117±18 Miller, Peter, 80 in self-defence, 140±1, 147 Minow, Martha, 188±91 and subjective test, 119±20 Mirrlees-Black, Catriona, 72 Rights of Women, 161±4 Mullen, Paul 100±1 Roberts, Helen, 80 Rose, Nicholas, 80 nature/culture dichotomy, 34±5 Russell, Denise, 81±2 no intent, plea of, see under intention Norrie, Alan, 57±60, 106 scapegoating, 32±3, 100 not guilty, plea of, see under intention Schneider, Elizabeth, 143 Scott, Joan, 187 O'Donovan, Katherine, 39, 109, 135, self-defence 137±8, 178, 193 defence of, 6±7, 15, 39, 52±3, 105, 108, 127, 129, 136±44, 176, 185, patriarchy, 13, 25, 171 189 Pearson, Patricia, 26±8, 30±3 duty to retreat, 141±3 petit treason, 10±11, 137 imminence test, 139 Pfhol, Stephen, 30±1 proportionality test, 138±9 provocation psychological self-defence, 159±61 cumulative, 120, 156±9, 164±5 reasonableness requirement, see defence of, 6±7, 39, 52±3, 105, under reasonable person 108±16, 176 standard feminist critique, 116±25, 114, women's access to, 146±9 135±6, 185, 189 self-preservation, defence of, 161±4, in homicide study, 125±36 186 psychiatric disorders sentencing, 77, 192 abnormal/pathological personality of defendants with mental illness, traits, 88 102±5 depression, 85, 87, 96±8 and provocation, 124 morbid/pathological jealousy, see and self-defence, 146 jealousy sexism, 23, 168 and violence, 93±100 and mental health, 81±2 psychiatry, see also mental illness and self-defence, 147±8 feminist critique of, 79±84, 92 Smart, Carol, 16±17, 24, 83, 171, 186, and law, 86 190 as social control, 80, 92, 103 Smith, J., 57 Snider, Laureen, 169 Radford, Jill, 39, 109, 172 Spelman, Elizabeth, 177±8 Rasche, Christine, 17 Stanko, Elizabeth, 172 Rasko, Gabriella, 18, 20 Stanley, Liz, 42 reasonable person standard stereotyping, 1, 12, 22, 103, 106, 121, and battered woman syndrome, 153 172, 186, 189, 191, 193±4 and diminished responsibility, 85 and battered woman syndrome, 153 244 Index stereotyping (cont.) Willoughby, M., 139 racial, 155 Wilson, Margo, 14, 18, 21 Strickland, Susan, 191 Wise, Sue, 42 Wolfgang, Marvin, 19 Taylor, Laurie, 3, 116±17, 122 women's identities, 35±7 Thornton, Sara, 9, 118±19, 130, 159 and class, 36 Thyfault, Roberta, 142, 153 in homicides, 181±2, 190±3 and race, 36 violence between partners, 21, 71±2, women homicide victims, 18 171±2 women who kill in Britain, 18 Walker, Lenore, 151±2, 154 history of, 4, 6±16 Wasik, Martin, 156±7, 159 and method of killing, 20 Weber, Jack, 113, 115, 121 portrayal of, 15, 21±37 Wells, Celia, 14, 39, 56, 65, 141 race of, 19 Wilczynski, Ania, 15, 24±5 rates of, 16±21 Wildman, Stephanie, 122 and reasons for killing, 21 Williams, Glanville, 114 in USA, 18±19 Williams, Wendy, 185