In Be Good, Sweet Maid: The Trials of Dorothy Joudrie (1999), Audrey Andrews recounts the life and trial of Dorothy Joudrie, a so-called wealthy socialite who was arrested in Calgary in 1995 for attempting to murder her estranged husband after decades of domestic abuse. Andrews tells Joudrie’s story in the form of a semi-auto/biographical text that quotes other scholarly and creative literary works in an intertextual dialogue about violence against women, post-World War II gender socialization, and the “battered women syndrome” defence. This thesis takes this highly referential dialogue as its starting point, and then extends Andrews’ cultural work by tracing a genealogy of colonialism in Canadian domestic violence laws with the help of selected intertexts – including Yvonne Johnson’s Stolen Life: Journey of a Cree Woman (1998), the trial of Angelique Lavallee, and Lorena Bobbitt’s infamous case. First, I source the epigraphs that Andrews strategically places at the start of each chapter and discern the layer of meaning that these external texts bring to Joudrie’s story in order to raise questions about how Andrews rearticulates the work of others and the politics of such a rearticulation. Second, I similarly frame Joudrie’s 1995 trial as a referential and intertextual discourse based in precedent established by the Supreme Court in 1990 when it ruled that expert testimony on the “battered woman syndrome” was admissible in the R. v. Lavallee case (Shaffer 1). This allows me to consider a consequence of the ruling often overlooked in feminist literature: due to the fact that the original defendant, Angelique Lavallee, was a Métis woman whose identity was erased in the courtroom and in case law, subsequent trials employing the “battered woman syndrome” defence repeat settler relations entrenched in colonial violence. Third, I expose how representations can fail by thinking through what Stephen Couser calls the auto/bio/ethics of life writing, which reveals the limits of Canadian laws and literatures. Ultimately, this discussion generates questions about who is considered human under the law and how life writing might re-imagine the “reasonable” human in more just and compassionate ways. / Thesis (Master, Gender Studies) -- Queen's University, 2012-07-28 10:28:24.988

The South Africa criminal law allows the battered woman to raise a battered woman syndrome defence in the context of non-pathological criminal incapacity. However, there is a need of expert evidence to support such defence for it to succeed in the court of law. Hence, this paper scrutinizes the task of expert evidence in support of the battered woman syndrome in order to reach the extent of its effectiveness. Nevertheless, such evidence is not indispensable but without it, the court hardly gets persuaded resulting into the failure of the defence. The meaning of battered woman syndrome is articulated in the paper as well as the fact that battered woman syndrome defence falls under the defence of non-pathological criminal incapacity. The origin and development of the non-pathological criminal incapacity has also been discussed by comparing it with pathological criminal incapacity which emanates from mental illness while the former does not originate from a mental illness. Psychiatrist are in a better position to understand the latter while psychologists are in a better position to understand the former, hence it is advisable if the court pays more attention or attach more weight to the evidence given by the psychologists if this defence is to succeed and have a brilliant future. Moreover, the possible defences available to the battered woman have been mentioned as well as the cases that used non-pathological criminal incapacity as a defence particularly with regard to the battered woman syndrome defence. Both cases that were successful and unsuccessful have been elaborated. However, the cases that failed with the defence are in large numbers than the successful ones. Although expert evidence is essential to support the battered woman syndrome defence, it is unjustly and unfairly applied on the battered woman who is an accused person in the court leading to the failure of the defence .In short the use of expert evidence has failed in its application as the two professions, law and medicine has failed to make this defence work as they have not reached an agreement concerning the battered woman syndrome defence. In addition, the paper looks at the obstacles linked with the battered woman syndrome defence as well as offering suggestions to be put in place in order to make the use of expert evidence achievable. This can only be done if both the lawyers and mental health professionals come to terms with each other where they are able to understand the battered woman syndrome and the actions which led to the situation where battered woman finds herself as an accused person. Finally, the paper concludes that expert evidence has failed tremendously in its application leading to the failure of the battered woman syndrome defence in the context of non-pathological criminal incapacity. Consequently a lot still needs to be done to protect the women who face numerous obstacles; both personal and legal as they do not face justice in court and everyone must take part to put an end to battering of women which is inhuman and morally wrong. / Dissertation (LLM)--University of Pretoria, 2012. / Public Law / unrestricted