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- <text id=93TT2331>
- <link 93TO0112>
- <title>
- Jan. 18, 1993: 'Til Death Do Us Part
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Jan. 18, 1993 Fighting Back: Spouse Abuse
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- COVER STORY, Page 38
- 'Til Death Do Us Part
- </hdr>
- <body>
- <p>When a woman kills an abusive partner, is it an act of revenge
- or of self defense? A growing clemency movement argues for a
- new legal standard.
- </p>
- <p>By NANCY GIBBS - With reporting by Cathy Booth/Miami, Jeanne
- McDowell/Los Angeles and Janice C. Simpson/New York
- </p>
- <p> The law has always made room for killers. Soldiers kill
- the nation's enemies, executioners kill its killers, police
- officers under fire may fire back. Even a murder is measured in
- degrees, depending on the mind of the criminal and the character
- of the crime. And sometime this spring, in a triumph of pity
- over punishment, the law may just find room for Rita Collins.
- </p>
- <p> "They all cried, didn't they? But not me," she starts out,
- to distinguish herself from her fellow inmates in a Florida
- prison, who also have stories to tell. "No one will help me. No
- one will write about me. I don't have a dirty story. I wasn't
- abused as a child. I was a respectable government employee,
- employed by the Navy in a high position in Washington."
- </p>
- <p> Her husband John was a military recruiter, a solid man who
- had a way with words. "He said I was old, fat, crazy and had no
- friends that were real friends. He said I needed him and he
- would take care of me." She says his care included threats with a
- knife, punches, a kick to the stomach that caused a hemorrhage.
- Navy doctors treated her for injuries to her neck and arm.
- "He'd slam me up against doors. He gave me black eyes, bruises.
- Winter and summer, I'd go to work like a Puritan, with long
- sleeves. Afterward he'd soothe me, and I'd think, He's a good
- man. What did I do wrong?"
- </p>
- <p> The bravado dissolves, and she starts to cry.
- </p>
- <p> "I was envied by other wives. I felt ashamed because I
- didn't appreciate him." After each beating came apologies and
- offerings, gifts, a trip. "It's like blackmail. You think it's
- going to stop, but it doesn't." Collins never told anyone--not
- her friends in the church choir, not even a son by her first
- marriage. "I should have, but it was the humiliation of it all.
- I'm a professional woman. I didn't want people to think I was
- crazy." But some of them knew anyway; they had seen the bruises,
- the black eye behind the dark glasses.
- </p>
- <p> She tried to get out. She filed for divorce, got a
- restraining order, filed an assault-and-battery charge against
- him, forced him from the house they had bought with a large
- chunk of her money when they retired to Florida. But still, she
- says, he came, night after night, banging on windows and doors,
- trying to break the locks.
- </p>
- <p> It wasn't her idea to buy a weapon. "The police did all
- they could, but they had no control. They felt sorry for me.
- They told me to get a gun." She still doesn't remember firing
- it. She says she remembers her husband's face, the glassy eyes, a
- knife in his hands. "To this day, I don't remember pulling the
- trigger."
- </p>
- <p> The jury couldn't figure it out either. At Collins' first
- trial, for first-degree murder, her friends, a minister, her
- doctors and several experts testified about her character and
- the violence she had suffered. The prosecution played tapes of
- her threatening her husband over the phone and portrayed her as
- a bitter, unstable woman who had bought a gun, lured him to the
- house and murdered him out of jealousy and anger over the
- divorce. That trial ended with a hung jury. At her second, nine
- men and three women debated just two hours before finding her
- guilty of the lesser charge, second-degree murder. Collins'
- appeals were denied, and the parole board last year recommended
- against clemency. Orlando prosecutor Dorothy Sedgwick is certain
- that justice was done. "Rita Collins is a classic example of how
- a woman can decide to kill her husband and use the battered
- woman's syndrome as a fake defense," she says. "She lured him
- to his death. He was trying to escape her." Collins says her
- lawyers got everything: the $125,000 three-bedroom house with
- a pool, $98,000 in cash. "I've worked since I was 15, and I have
- nothing," she says. "The Bible says, `Thou shalt not kill,' and
- everybody figures if you're in here, you're guilty. But I'm not
- a criminal. Nobody cares if I die in here, but if I live, I tell
- you one thing: I'm not going to keep quiet."
- </p>
- <p> If in the next round of clemency hearings on March 10,
- Governor Lawton Chiles grants Collins or any other battered
- woman clemency, Florida will join 26 other states in a national
- movement to take another look at the cases of abuse victims who
- kill their abusers. Just before Christmas, Missouri's
- conservative Republican Governor John Ashcroft commuted the life
- sentences of two women who claimed they had killed their
- husbands in self-defense. After 20 years of trying, these women
- have made a Darwinian claim for mercy: Victims of perpetual
- violence should be forgiven if they turn violent themselves.
- </p>
- <p> More American women--rich and poor alike--are injured
- by the men in their life than by car accidents, muggings and
- rape combined. Advocates and experts liken the effect over time
- to a slow-acting poison. "Most battered women aren't killing to
- protect themselves from being killed that very moment,"
- observes Charles Ewing, a law professor at SUNY Buffalo. "What
- they're protecting themselves from is slow but certain
- destruction, psychologically and physically. There's no place
- in the law for that."
- </p>
- <p> As the clemency movement grows, it challenges a legal
- system that does not always distinguish between a crime and a
- tragedy. What special claims should victims of fate, poverty,
- violence, addiction be able to make upon the sympathies of
- juries and the boundaries of the law? In cases of domestic
- assaults, some women who suffered terrible abuse resorted to
- terrible means to escape it. Now the juries, and ultimately the
- society they speak for, have to find some way to express outrage
- at the brutality that women and children face every day, without
- accepting murder as a reasonable response to it.
- </p>
- <p> But until America finds a better way to keep people safe
- in their own homes or offers them some means of surviving if
- they flee, it will be hard to answer the defendants who ask
- their judges, "What choice did I really have?"
- </p>
- <p> Home is Where the Hurt is
- </p>
- <p> Last year the A.M.A., backed by the Surgeon General,
- declared that violent men constitute a major threat to women's
- health. The National League of Cities estimates that as many as
- half of all women will experience violence at some time in
- their marriage. Between 22% and 35% of all visits by females to
- emergency rooms are for injuries from domestic assaults. Though
- some studies have found that women are just as likely to start
- a fight as men, others indicate they are six times as likely to
- be seriously injured in one. Especially grotesque is the
- brutality reserved for pregnant women: the March of Dimes has
- concluded that the battering of women during pregnancy causes
- more birth defects than all the diseases put together for which
- children are usually immunized. Anywhere from one-third to as
- many as half of all female murder victims are killed by their
- spouses or lovers, compared with 4% of male victims.
- </p>
- <p> "Male violence against women is at least as old an
- institution as marriage," says clinical psychologist Gus Kaufman
- Jr., co-founder of Men Stopping Violence, an Atlanta clinic
- established to help men face their battering problems. So long
- as a woman was considered her husband's legal property, police
- and the courts were unable to prevent--and unwilling to punish--domestic assaults. Notes N.Y.U. law professor Holly Maguigan:
- "We talk about the notion of the rule of thumb, forgetting that
- it had to do with the restriction on a man's right to use a
- weapon against his wife: he couldn't use a rod that was larger
- than his thumb." In 1874 North Carolina became one of the first
- states to limit a man's right to beat his wife, but lawmakers
- noted that unless he beat her nearly to death "it is better to
- draw the curtain, shut out the public gaze and leave the parties
- to forget and forgive."
- </p>
- <p> Out of that old reluctance grew the modern double
- standard. Until the first wave of legal reform in the 1970s, an
- aggravated assault against a stranger was a felony, but
- assaulting a spouse was considered a misdemeanor, which rarely
- landed the attacker in court, much less in jail. That
- distinction, which still exists in most states, does not reflect
- the danger involved: a study by the Boston Bar Association found
- that the domestic attacks were at least as dangerous as 90% of
- felony assaults. "Police seldom arrest, even when there are
- injuries serious enough to require hospitalization of the
- victim," declared the Florida Supreme Court in a 1990
- gender-bias study, which also noted the tendency of prosecutors
- to drop domestic-violence cases.
- </p>
- <p> Police have always hated answering complaints about
- domestic disputes. Experts acknowledge that such situations are
- often particularly dangerous, but suspect that there are other
- reasons for holding back. "This issue pushes buttons, summons
- up personal emotions, that almost no other issue does for police
- and judges," says Linda Osmundson, who co-chairs a battered
- wives' task force for the National Coalition Against Domestic
- Violence. "Domestic violence is not seen as a crime. A man's
- home is still his castle. There is a system that really believes
- that women should be passive in every circumstance." And it
- persists despite a 20-year effort by advocates to transform
- attitudes toward domestic violence.
- </p>
- <p> While most of the effort has been directed at helping
- women survive, and escape, abusive homes, much of the publicity
- has fallen on those rare cases when women resort to violence
- themselves. Researcher and author Angela Browne points out that
- a woman is much more likely to be killed by her partner than to
- kill him. In 1991, when some 4 million women were beaten and
- 1,320 murdered in domestic attacks, 622 women killed their
- husbands or boyfriends. Yet the women have become the lightning
- rods for debate, since their circumstances, and their response,
- were most extreme.
- </p>
- <p> What Choice Did She Have?
- </p>
- <p> "There is an appropriate means to deal with one's marital
- problems--legal recourse. Not a .357 Magnum," argues former
- Florida prosecutor Bill Catto. "If you choose to use a gun to
- end a problem, then you must suffer the consequences of your
- act." Defense lawyers call it legitimate self-protection when
- a victim of abuse fights back--even if she shoots her husband
- in his sleep. Prosecutors call it an act of vengeance, and in
- the past, juries have usually agreed and sent the killer to
- jail. Michael Dowd, director of the Pace University Battered
- Women's Justice Center, has found that the average sentence for
- a woman who kills her mate is 15 to 20 years; for a man, 2 to
- 6.
- </p>
- <p> The punishment is not surprising, since many judges insist
- that evidence of past abuse, even if it went on for years, is
- not relevant in court unless it occurred around the time of the
- killing. It is not the dead husband who is on trial, they note,
- but the wife who pulled the trigger. "Frankly, I feel changing
- the law would be authorizing preventive murder," argued Los
- Angeles Superior Court Judge Lillian Stevens in the Los Angeles
- Times. "The only thing that really matters is, Was there an
- immediate danger? There can't be an old grievance." And even if
- a woman is allowed to testify about past violence, the jury may
- still condemn her response to it. If he was really so savage,
- the prosecutor typically asks, why didn't she leave, seek
- shelter, call the police, file a complaint?
- </p>
- <p> "The question presumes she has good options," says Julie
- Blackman, a New Jersey-based social psychologist who has
- testified as an expert witness in abuse and murder cases.
- "Sometimes, they don't leave because they have young children
- and no other way to support them, or because they grow up in
- cultures that are so immersed in violence that they don't figure
- there's any place better to go, or because they can't get
- apartments." The shelter facilities around the country are
- uniformly inadequate: New York has about 1,300 beds for a state
- with 18 million people. In 1990 the Baltimore zoo spent twice
- as much money to care for animals as the state of Maryland spent
- on shelters for victims of domestic violence.
- </p>
- <p> Last July, even as reports of violence continued to
- multiply, the National Domestic Violence Hotline was
- disconnected. The 800 number had received as many as 10,000
- calls a month from across the country. Now, says Mary Ann
- Bohrer, founder of the New York City-based Council for Safe
- Families, "there is no number, no national resource, for people
- seeking information about domestic violence."
- </p>
- <p> The other reason women don't flee is because, ironically,
- they are afraid for their life. Law-enforcement experts agree
- that running away greatly increases the danger a woman faces.
- Angered at the loss of power and control, violent men often try
- to track down their wives and threaten them, or their children,
- if they don't come home. James Cox III, an unemployed dishwasher
- in Jacksonville, Florida, was determined to find his
- ex-girlfriend, despite a court order to stay away from her. Two
- weeks ago, he forced her mother at gunpoint to tell him the
- location of the battered women's shelter where her daughter had
- fled, and stormed the building, firing a shotgun. Police shot
- him dead. "This case illustrates the extent to which men go to
- pursue their victims," said executive director Rita DeYoung. "It
- creates a catch-22 for all battered women. Some will choose to
- return to their abusers, thinking they can control their
- behavior."
- </p>
- <p> "After the law turns you away, society closes its doors on
- you, and you find yourself trapped in a life with someone
- capable of homicide. What choice in the end was I given?" asks
- Shalanda Burt, 21, who is serving 17 years for shooting her
- boyfriend James Fairley two years ago in Bradenton, Florida. She
- was three months pregnant at the time. A week after she
- delivered their first baby, James raped her and ripped her
- stitches. Several times she tried to leave or get help. "I would
- have a bloody mouth and a swollen face. All the police would do
- is give me a card with a deputy's name on it and tell me it was
- a `lovers' quarrel.' The battered women's shelter was full. All
- they could offer was a counselor on the phone."
- </p>
- <p> Two weeks before the shooting, the police arrested them
- both: him for aggravated assault because she was pregnant, her
- for assault with a deadly missile and violently resisting
- arrest. She had thrown a bottle at his truck. Her bail was
- $10,000; his was $3,000. He was back home before she was, so she
- sent the baby to stay with relatives while she tried to raise
- bail. The end came on a Christmas weekend. After a particularly
- vicious beating, he followed her to her aunt's house. When he
- came at her again, she shot him. "They say I'm a violent person,
- but I'm not. I didn't want revenge. I just wanted out." Facing
- 25 years, she was told by a female public defender to take a
- plea bargain and 17 years. "I wanted to fight. But she said I'd
- get life or the electric chair. I was in a no-win situation."
- </p>
- <p> It is hard for juries to understand why women like Burt do
- not turn to the courts for orders of protection. But these are
- a makeshift shield at best, often violated and hard to enforce.
- Olympic skier Patricia Kastle had a restraining order when her
- former husband shot her. Lisa Bianco in Indiana remained
- terrified of her husband even after he was sent to jail for
- eight years. When prison officials granted Alan Matheney an
- eight-hour pass in March 1989, he drove directly to Bianco's
- home, broke in and beat her to death with the butt of a shotgun.
- Last March, Shirley Lowery, a grandmother of 11, was stabbed 19
- times with a butcher knife by her former boyfriend in the
- hallway of the courthouse where she had gone to get an order of
- protection.
- </p>
- <p> The Mind of the Victim
- </p>
- <p> Defense lawyers have a hard time explaining to juries the
- shame, isolation and emotional dependency that bind victims to
- their abusers. Many women are too proud to admit to their family
- or friends that their marriage is not working and blame
- themselves for its failure even as they cling to the faith that
- their violent lover will change. "People confuse the woman's
- love for the man with love of abuse," says Pace's Dowd. "It's
- not the same thing. Which of us hasn't been involved in a
- romantic relationship where people say this is no good for you?"
- </p>
- <p> It was Denver psychologist Lenore Walker, writing in 1984,
- who coined the term battered-woman syndrome to explain the
- behavior of abuse victims. Her study discussed the cycle of
- violence in battering households: first a period of growing
- tension; then a violent explosion, often unleashed by drugs or
- alcohol; and finally a stage of remorse and kindness. A violent
- man, she argues, typically acts out of a powerful need for
- control--physical, emotional, even financial. He may keep his
- wife under close surveillance, isolating her from family and
- friends, forbidding her to work or calling constantly to check
- on her whereabouts. Woven into the scrutiny are insults and
- threats that in the end can destroy a woman's confidence and
- leave her feeling trapped between her fear of staying in a
- violent home--and her fear of fleeing it.
- </p>
- <p> Many lawyers say it is virtually impossible to defend a
- battered woman without some expert testimony about the effect
- of that syndrome over time. Such testimony allows attorneys to
- stretch the rules governing self-defense, which were designed
- to deal with two men caught in a bar fight, not a woman caught
- in a violent relationship with a stronger man.
- </p>
- <p> In a traditional case of self-defense, a jury is presented
- a "snapshot" of a crime: the mugger threatens a subway rider
- with a knife; the rider pulls a gun and shoots his attacker. It
- is up to the jurors to decide whether the danger was real and
- immediate and whether the response was reasonable. A woman who
- shoots her husband while he lunges at her with a knife should
- have little trouble claiming that she acted in self-defense.
- Yet lawyers still find jurors to be very uncomfortable with
- female violence under any circumstances, especially violence
- directed at a man she may have lived with for years.
- </p>
- <p> Given that bias, it is even harder for a lawyer to call it
- self-defense when a woman shoots a sleeping husband. The danger
- was hardly immediate, prosecutors argue, nor was the lethal
- response reasonable. Evidence about battered-woman syndrome may
- be the only way to persuade a jury to identify with a killer.
- "Battered women are extraordinarily sensitive to cues of danger,
- and that's how they survive," says Walker. "That is why many
- battered women kill, not during what looks like the middle of
- a fight, but when the man is more vulnerable or the violence is
- just beginning."
- </p>
- <p> A classic self-defense plea also demands a fair fight. A
- person who is punched can punch back, but if he shoots, he runs
- the risk of being charged with murder or manslaughter. This
- leaves women and children, who are almost always smaller and
- weaker than their attackers, in a bind. They often see no way
- to escape an assault without using a weapon and the element of
- surprise--arguing, in essence, that their best hope of
- self-defense was a pre-emptive strike. "Morally and legally a
- woman should not be expected to wait until his hands are around
- her neck," argues Los Angeles defense attorney Leslie Abramson.
- "Say a husband says, `When I get up tomorrow morning, I'm going
- to beat the living daylights out of you,' " says Joshua
- Dressler, a law professor at Wayne State University who
- specializes in criminal procedures. "If you use the word
- imminent, the woman would have to wait until the next morning
- and, just as he's about to kill her, then use self-defense."
- </p>
- <p> That argument, prosecutors retort, is an invitation to
- anarchy. If a woman has survived past beatings, what persuaded
- her that this time was different, that she had no choice but to
- kill or be killed? The real catalyst, they suggest, was not her
- fear but her fury. Prosecutors often turn a woman's history of
- abuse into a motive for murder. "What some clemency advocates
- are really saying is that that s.o.b. deserved to die and why
- should she be punished for what she did," argues Dressler.
- Unless the killing came in the midst of a violent attack, it
- amounts to a personal death-penalty sentence. "I find it very
- hard to say that killing the most rotten human being in the
- world when he's not currently threatening the individual is the
- right thing to do."
- </p>
- <p> Those who oppose changes in the laws point out that many
- domestic disputes are much more complicated than the clemency
- movement would suggest. "We've got to stop perpetuating the myth
- that men are all vicious and that women are all Snow White,"
- says Sonny Burmeister, a divorced father of three children who,
- as president of the Georgia Council for Children's Rights in
- Marietta, lobbies for equal treatment of men involved in custody
- battles. He recently sheltered a husband whose wife had pulled
- a gun on him. When police were called, their response was "So?"
- Says Burmeister: "We perpetuate this macho, chauvinistic,
- paternalistic attitude for men. We are taught to be protective
- of the weaker sex. We encourage women to report domestic
- violence. We believe men are guilty. But women are just as
- guilty."
- </p>
- <p> He charges that feminists are trying to write a customized
- set of laws. "If Mom gets mad and shoots Dad, we call it PMS
- and point out that he hit her six months ago," he complains.
- "If Dad gets mad and shoots Mom, we call it domestic violence
- and charge him with murder. We paint men as violent and we
- paint women as victims, removing them from the social and legal
- consequences of their actions. I don't care how oppressed a
- woman is; should we condone premeditated murder?"
- </p>
- <p> Only nine states have passed laws permitting expert
- testimony on battered-woman syndrome and spousal violence. In
- most cases it remains a matter of judicial discretion. One
- Pennsylvania judge ruled that testimony presented by a
- prosecutor showed that the defendant had not been beaten badly
- enough to qualify as a battered woman and therefore could not
- have that standard applied to her case. President Bush signed
- legislation in October urging states to accept expert testimony
- in criminal cases involving battered women. The law calls for
- development of training materials to assist defendants and their
- attorneys in using such testimony in appropriate cases.
- </p>
- <p> Judge Lillian Stevens instructed the jury on the rules
- governing self-defense at the 1983 trial of Brenda Clubine, who
- claimed that she killed her police-informant husband because he
- was going to kill her. Clubine says that during an 11-year
- relationship, she was kicked, punched, stabbed, had the skin on
- one side of her face torn off, a lung pierced, ribs broken. She
- had a judge's order protecting her and had pressed charges to
- have her husband arrested for felony battery. But six weeks
- later, she agreed to meet him in a motel, where Clubine alleges
- that she felt her life was in danger and hit him over the head
- with a wine bottle, causing a fatal brain hemorrhage. "I didn't
- mean to kill him," she says. "He had hit me several times.
- Something inside me snapped; I grabbed the bottle and swung."
- The jury found Clubine guilty of second-degree manslaughter, and
- Judge Stevens sentenced her to 15 years to life. She says
- Clubine drugged her husband into lethargy before fatally hitting
- him. "It seemed to me [the beatings] were some time ago,"
- Stevens told the Los Angeles Times. Furthermore, she added,
- "there was evidence that a lot of it was mutual."
- </p>
- <p> It is interesting that within the legal community there
- are eloquent opponents of battered-woman syndrome--on
- feminist grounds--who dislike the label's implication that all
- battered women are helpless victims of some shared mental
- disability that prevents them from acting rationally. Social
- liberals, says N.Y.U.'s Maguigan, typically explain male
- violence in terms of social or economic pressures. Female
- violence, on the other hand, is examined in psychological terms.
- "They look to what's wrong with her and re inforce a notion that
- women who use violence are, per se, unreasonable, that something
- must be wrong with her because she's not acting like a good
- woman, in the way that women are socialized to behave."
- </p>
- <p> Researcher Charles Ewing compared a group of 100 battered
- women who had killed their partners with 100 battered women who
- hadn't taken that fatal step. Women who resorted to violence
- were usually those who were most isolated, socially and
- economically; they had been the most badly beaten, their
- children had been abused, and their husbands were drug or
- alcohol abusers. That is, the common bond was circumstantial,
- not psychological. "They're not pathological," says social
- psychologist Blackman. "They don't have personality disorders.
- They're just beat up worse."
- </p>
- <p> Women who have endured years of beatings without fighting
- back may reach the breaking point once the abuse spreads to
- others they love. Arlene Caris is serving a 25-year sentence in
- New York for killing her husband. He had tormented her for
- years, both physically and psychologically. Then she reportedly
- learned that he was sexually abusing her granddaughter. On the
- night she finally decided to leave him, he came at her in a
- rage. She took a rifle, shot him, wrapped him in bedsheets and
- then hid the body in the attic for five months.
- </p>
- <p> Offering such women clemency, the advocates note, is not
- precisely the same as amnesty; the punishment is reduced, though
- the act is not excused. Clemency may be most appropriate in
- cases where all the circumstances of the crime were not heard
- in court. The higher courts have certainly sent the message that
- justice is not uniform in domestic-violence cases. One study
- found that 40% of women who appeal their murder convictions get
- the sentence thrown out, compared with an 8.5% reversal rate for
- homicides as a whole. "I've worked on cases involving battered
- women who have talked only briefly to their lawyers in the
- courtroom for 15 or 20 minutes and then they take a plea and do
- 15 to life," recalls Blackman. "I see women who are Hispanic and
- don't speak English well, or women who are very quickly moved
- through the system, who take pleas and do substantial chunks of
- time, often without getting any real attention paid to the
- circumstances of their case."
- </p>
- <p> The first mass release in the U.S. came at Christmas in
- 1990, when Ohio Governor Richard Celeste commuted the sentences
- of 27 battered women serving time for killing or assaulting
- male companions. His initiative was born of long-held
- convictions. As a legislator in the early '70s, he and his wife
- helped open a women's center in Cleveland and held hearings on
- domestic violence. When he became lieutenant governor in 1974
- and moved to Columbus, he and his wife rented out their home in
- Cleveland as emergency shelter for battered women. He and the
- parole board reviewed 107 cases, looking at evidence of past
- abuse, criminal record, adjustment to prison life and
- participation in postrelease programs before granting the
- clemencies. "The system of justice had not really worked in
- their cases," he says. "They had not had the opportunity for a
- fair trial because vitally important evidence affecting their
- circumstances and the terrible things done to them was not
- presented to the jury."
- </p>
- <p> The impending reviews in other states have caused some
- prosecutors and judges to sound an alarm. They are worried that
- Governors' second-guessing the courts undermines the judicial
- system and invites manipulation by prisoners. "Anybody in the
- penitentiary, if they see a possible out, will be claiming, `Oh,
- I was a battered woman,' " says Dallas assistant district
- attorney Norman Kinne. "They can't take every female who says
- she's a battered woman and say, `Oh, we're sorry, we'll let you
- out.' If they're going to do it right, it's an exhaustive
- study."
- </p>
- <p> Clemency critics point to one woman released in Maryland
- who soon afterward boasted about having committed the crime.
- Especially controversial are women who have been granted
- clemency for crimes that were undeniably premeditated. Delia
- Alaniz hired a contract killer to pretend to rob her home and
- murder her husband in the process. He had beaten her and their
- children for years, sexually abusing their 14-year-old daughter.
- The prosecutor from Skagit County, Washington, was sufficiently
- impressed by the evidence of abuse that he reduced the charge
- from first-degree murder and life imprisonment to second-degree
- manslaughter with a sentence of 10 to 14 years. In October 1989,
- Governor Booth Gardner granted her clemency. "Delia was driven
- to extremes. The situation was desperate, and she viewed it that
- way," says Skagit County public defender Robert Jones. "The harm
- to those kids having a mom in prison was too much considering
- the suffering they went through. As a state, we don't condone
- what she did, but we understand and have compassion."
- </p>
- <p> The Alternatives to Murder
- </p>
- <p> There is always a risk that the debate over clemency will
- continue to obscure the missing debate over violence. "I grew
- up in a society that really tolerated a lot of injustice when
- it came to women," says Pace University's Dowd. "It was
- ingrained as a part of society. This isn't a woman's issue. It's
- a human-rights issue. Men should have as much to offer fighting
- sexism as they do racism because the reality is that it's our
- hands that strike the blows." The best way to keep battered
- women out of jail is to keep them from being battered in the
- first place.
- </p>
- <p> In a sense, a society's priorities can be measured by whom
- it punishes. A survey of the population of a typical prison
- suggests that violent husbands and fathers are still not viewed
- as criminals. In New York State about half the inmates are drug
- offenders, the result of a decade-long War on Drugs that
- demanded mandatory sentences. A War on Violence would send the
- same message, that society genuinely abhors parents who beat
- children and spouses who batter each other, and is willing to
- punish the behavior rather than dismiss it.
- </p>
- <p> Minnesota serves as a model for other states. In 1981
- Duluth was the first U.S. city to institute mandatory arrests
- in domestic disputes. Since then about half the states have done
- the same, which means that even if a victim does not wish to
- press charges, the police are obliged to make an arrest if they
- see evidence of abuse. Advocates in some Minnesota jurisdictions
- track cases from the first call to police through prosecution
- and sentencing, to try to spot where the system is failing.
- Prosecutors are increasingly reluctant to plea-bargain assault
- down to disorderly conduct. They have also found it helpful to
- use the arresting officer as complainant, so that their case
- does not depend on a frightened victim's testifying.
- </p>
- <p> Better training of police officers, judges, emergency-room
- personnel and other professionals is having an impact in many
- cities. "We used to train police to be counselors in
- domestic-abuse cases," says Osmundson. "No longer. We teach them
- to go make arrests." In Jacksonville, Florida, new procedures
- helped raise the arrest rate from 25% to 40%. "Arrests send a
- message to the woman that help is available and to men that
- abuse is not accepted," says shelter executive director DeYoung,
- who also serves as president of the Florida Coalition Against
- Domestic Violence. "Children too see that it's not accepted and
- are more likely to grow up not accepting abuse in the home."
- </p>
- <p> Since 1990 at least 28 states have passed "stalking laws"
- that make it a crime to threaten, follow or harass someone.
- Congress this month may take up the Violence Against Women bill,
- which would increase penalties for federal sex crimes; provide
- $300 million to police, prosecutors and courts to combat
- violent crimes against women; and reinforce state
- domestic-violence laws. Most women, of course, are not looking
- to put their partners in jail; they just want the violence to
- stop.
- </p>
- <p> A Minneapolis project was founded in 1979 at the prompting
- of women in shelters who said they wanted to go back to their
- partners if they would stop battering. Counselors have found
- that men resort to violence because they want to control their
- partners, and they know they can get away with it--unlike in
- other relationships. "A lot of people experience low impulse
- control, fear of abandonment, alcohol and drug addiction, all
- the characteristics of a batterer," says Ellen Pence, training
- coordinator for the Domestic Abuse Intervention Project in
- Duluth. "However, the same guy is not beating up his boss."
- </p>
- <p> Most men come to the program either by order of the courts
- or as a condition set by their partners. The counselors start
- with the assumption that battering is learned behavior. Eighty
- percent of the participants grew up in a home where they saw or
- were victims of physical, sexual or other abuse. Once imprinted
- with that model, they must be taught to recognize warning signs
- and redirect their anger. "We don't say, `Never get angry,' "
- says Carol Arthur, the Minneapolis project's executive
- director. "Anger is a normal, healthy emotion. What we work with
- is a way to express it." Men describe to the group their most
- violent incident. One man told about throwing food in his wife's
- face at dinner and then beating her to the floor--only to
- turn and see his two small children huddled terrified under the
- table. Arthur remembers his self-assessment at that moment: "My
- God, what must they be thinking about me? I didn't want to be
- like that."
- </p>
- <p> If the police and the courts crack down on abusers, and
- programs exist to help change violent behavior, victims will be
- less likely to take--and less justified in taking--the law
- into their own hands. And once the cycle of violence winds down
- in this generation, it is less likely to poison the next. That
- would be a family value worth fighting for.
- </p>
-
-
- </body>
- </article>
- </text>
-
-