Kill or Be Killed: Why New York's Justification Defense Is Not Enough for the Reasonable Battered Woman, and How To Fix It

Authors

Abigail Finkelman, Benjamin N. Cardozo School of Law

Abstract

The note argues that New York's justification defense statute is insufficient to protect battered women who kill their abusers, as it requires an imminent threat and proportionality, which are often not applicable in intimate partner violence (IPV) cases. The author proposes amending the statute to include a broader understanding of domestic violence patterns, allowing victims to justify their actions based on the escalating nature of abuse rather than immediate danger.

Disciplines

Law | Law and Gender

Recommended Citation

Abigail Finkelman, Kill or Be Killed: Why New York's Justification Defense Is Not Enough for the Reasonable Battered Woman, and How To Fix It, 25 Cardozo J. Equal Rts. & Soc. Just. 267 (2019).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol25/iss2/4