Defendant contends that if the State proves beyond a
reasonable doubt that she committed _____, then her conduct was justified
because she acted [summarize defense claimed].[2] I have already instructed you on [defense claimed]
[WHERE APPROPRIATE: and the State’s burden to disprove that claim beyond
a reasonable doubt]. In support of
defendant’s claim, evidence was introduced to show that _____ physically
[and/or psychologically] battered and abused defendant over an extended period
of time prior to the time of the events in question. This history of abuse may be considered by
you in assessing the honesty [WHERE APPROPRIATE: and reasonableness] of
defendant’s belief that _________, which [is an/are] essential feature[s] of [defense
claimed].[3]
In
further support of the [defense claimed], defendant called Dr. ____ to give
expert testimony on Battered Woman Syndrome, a series of common characteristics
that appear in women who are abused physically or psychologically over an
extended period of time by the dominant male figure in their lives.[4] This
testimony was offered to support the honesty [WHERE APPROPRIATE: and
reasonableness] of defendant’s belief that she was in imminent danger of death
or serious injury at the hands of ______.
[WHERE APPROPRIATE: In response to this testimony, the State
called Dr. ____, who gave expert testimony on the same subject.] As I shall
explain more fully, this limited purpose of supporting the credibility of
defendant’s belief that she acted [defense claimed] is the sole reason for the
admission of this expert testimony on Battered Woman Syndrome, and the evidence
is not admissible for any other purpose.
Evidence
was introduced that despite her assertion that she had been battered or abused
over an extended period of time, defendant [remained silent/took no action/did
not report this abuse/continued to live with ____]. The law recognizes that many people believe
that a woman’s claim that she was battered or abused is not credible solely
because she remained silent about the battering or otherwise did not act to
stop it. Evidence regarding Battered
Woman Syndrome is relevant, if believed by you, because it can explain that
such behaviors are among the many ways that a woman may respond to such
battering.
In a
burglary or theft case or other property crime, if the owner did not report the
crime for several years, your common sense might tell you that the delay
reflected a lack of truthfulness on the part of the owner. In that case, no expert would be offered to
explain such conduct because it is within the common experience and knowledge
of most jurors. By contrast, in a case
such as this, expert testimony regarding Battered Woman Syndrome can help explain
the effects that a sustained pattern of physical and/or psychological abuse can
have on a woman.[5]
You
may not consider evidence regarding Battered Woman Syndrome as proving that
battering did or did not occur. Battered
Woman Syndrome cannot be used to determine whether or not defendant was, in
fact, abused.[6] [WHERE APPROPRIATE: Similarly, you may
not consider that evidence as proving, in and of itself, whether defendant was
or was not truthful when describing _______’s prior conduct.] Instead, Battered Woman Syndrome, if proven,
may help explain why a battered woman may [remain silent/take no
action/continue to live with the batterer and/or deny that any battering
occurred].
In
summary, testimony as to the Battered Woman Syndrome is offered only to explain
certain behavior of an alleged victim of battering. As with all other expert testimony, the weight
to be given to the testimony of Dr[s]. _________ regarding Battered Woman
Syndrome is entirely up to you. You may
give it great weight, slight weight, some weight, or reject it entirely, in
your discretion.
[1] Use of the term “woman” is not meant to preclude
evidence that this defense can be applied to a defendant other than a woman.
[2] This
version of the model charge on Battered Woman Syndrome is intended for use when
a defendant claims that otherwise criminal acts are excused by some form of
defense. The most common setting for
Battered Woman Syndrome evidence is a murder prosecution of a woman who claims
that she acted in self-defense against a husband or significant other who had
repeatedly battered her in the past and who appeared intent on doing so
again. State v. Kelly, 97 N.J.
178, 191 (1984). In State v. B.H., 183 N.J. 171
(2005), however, evidence of the syndrome also was held to be admissible to
prove subjective elements of duress. A separate model charge is offered when
evidence regarding the syndrome is adduced in other contexts recognized by the
courts. See State v. Townsend,
186 N.J. 473, 499 (2006) (allowing expert testimony from the State
“inform[ing] the jury about the effects of battering on women and describ[ing]
the commonly observed behaviors of both battered women who are not diagnosed
with the syndrome and those identified as suffering from the syndrome” in order
to prove that the victim lied when she gave a dying declaration that the
defendant had not beaten her).
[3] In B.H.,
183 N.J. at 201, it was held that when a defendant claims duress as a defense,
evidence of the syndrome “may be used [by the jury] to assess the sincerity of
defendant’s perception of a threat from her alleged abuser,” but cannot be
“used to assist the jury in assessing the objective reasonableness of
defendant’s conduct in response to the purported threat....” This differs from the use of this evidence as
part of a self-defense claim, when it is also “relevant to the reasonableness
of defendant’s belief that she was in imminent danger of death or serious
bodily injury.” Kelly, 97 N.J.
at 204.
