St. Thomas Law Review
First Page
807
Document Type
Article
Abstract
In this paper I will examine the admissibility of the battered woman syndrome in Florida as scientific evidence. At the outset I recognize many differing audiences title the syndrome in different ways. My focus is not on the correctness of its title but upon its admissibility in courts in Florida. My overall perspective is based on standards set forth by the Frye' and Dauber? cases. In order to understand the syndrome, it will be necessary to first look at the concept of domestic violence. It will also be important to consider what the term battered woman syndrome means. After discussing the topic of domestic violence and the battered woman syndrome from a definitional standpoint, I will then examine the pivotal cases dealing with the admissibility of expert testimony, Frye and Daubert. I will then address Florida cases, which have dealt with the standard for admitting scientific evidence and the issue of the battered woman syndrome. After surveying these cases I will discuss whether admissibility satisfies the Frye test and also whether admissibility would pass a Daubert standard. The salient question that this paper will address is whether the battered woman syndrome in Florida is admissible evidence or junk science. The answer to that question will be addressed throughout the paper and more directly during the paper's conclusion.
Recommended Citation
Jay B. Rosman,
The Battered Women Syndrome in Florida: Junk Science or Admissible,
15
St. Thomas L. Rev.
807
(2003).
Available at:
https://scholarship.stu.edu/stlr/vol15/iss4/4