Call Now For Help


NJ Court Rejects “Battered Women’s Syndrome” Testimony


by in Criminal Defense

State v. J.I.F., unpublished opinion, App. Div. Docket No. A-6270-07T4 (March 4, 2010) – Conviction reversed. Trial court erred by allowing the State to present expert evidence on Battered Woman Syndrome (BWS).

“We have found no case where expert testimony respecting the characteristics of a battered woman and BWS was presented in the absence of any evidence of a coercive control pattern and its effects and an expert opinion as to whether the victim was battered….

The opinions offered by Dr. Lischick were simply not sufficient to be relevant to the facts of this case…. Here, the testimony of Dr. Lischick merely established that battered spouses may falsely recant their accusations. It did not tend to prove that this victim’s recantations were false because Dr. Lischick did not opine that the victim was a battered spouse.

Even if the victim’s statement that she feared defendant’s physical reactions to not getting his way may have been relevant to an expert opinion that she was a battered spouse, and we do not doubt that it might be, Dr. Lischick never opined the victim was a battered spouse.

And it is clear from the whole of Dr. Lischick’s testimony that this determination requires expertise beyond the ken of the average juror. Without such an opinion, the scientific fact that battered women tend to recant their accusations did not tend to prove that this victim’s recantations were false. There was no logical connection between the proffered evidence and the fact at issue — the falsity of the exculpatory statements…. As a result, Dr. Lischick’s testimony was not relevant, admissible evidence and the judge erred in admitting it.”






*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.