Removing the Roadblocks to Successful Domestic Violence Prosecutions: Prosecutorial Use of Expert Testimony on the Battered Woman Syndrome in Ohio
This note contends that Ohio should join the modern trend and allow expert testimony on the battered woman syndrome in a limited form in domestic violence prosecutions. Part II of this note explores the syndrome and its origins. Part III provides background on the evidentiary uses of the syndrome in Ohio. It discusses the emergence of the battered woman syndrome in Ohio courts, and then examines the unsuccessful initial attempts by prosecutors in Ohio to use expert testimony on the syndrome.Part IV looks at how several jurisdictions outside of Ohio have addressed this issue. Part V presents the argument that prosecutors in Ohio should be allowed to introduce battered woman evidence in domestic violence cases. To provide a basis for this argument, it begins by setting forth the applicable Ohio Rules of Evidence. Next, it examines each of the arguments currently cited in Ohio against prosecutorial use of battered woman evidence, and attempts to rebut each one in turn. Finally, it proposes a framework for the prosecutorial introduction of testimony on the syndrome that will enhance the likelihood of overturning the precedent in Ohio. Part VI provides concluding remarks.
Note, Removing the Roadblocks to Successful Domestic Violence Prosecutions: , 53 Clev. St. L. Rev. 133 (2005-2006)