N.J. Model Criminal Jury Charge, N.J.S.A. Non 2C

Approved 6/4/07

BATTERED WOMAN1 SYNDROME - DEFENSES

Defendant contends that if the Stat e proves beyond a reasonable doubt that she

committed _____, then her conduct was justified because she acted [summarize defense

claimed].2 I have already instructed you on [defense claimed] [WHERE APPROPRIATE: and

the State’s burden to disprove that claim be yond a reasonable doubt]. In support of defendant’s

claim, evidence was introduced to show that _____ physically [and/or psychologically] battered

and abused defendant over an extended period of time prior to the time of the events in question.

This history of abuse may be consid ered by you in assessing the honesty [WHERE

APPROPRIATE: and reasonableness] of defendant’s belief that _________, which [is an/are]

essential feature[s] of [defense claimed].3

In further support of the [defense claimed], defendant called Dr. ____ to give expert

testimony on Battered Woman Syndrome, a series of common characteristics that appear in

1 Use of the term “woman” is not meant to preclude evidence that this defense can be

applied to a defendant other than a woman.

2 This version of the model charge on Battered Woman Syndrome is intended for use when

a defendant claims that otherwise criminal acts are excused by some form of defense. The most

common setting for Battered Woman Syndrome ev idence is a murder prosecution of a woman

who claims that she acted in self-defense against a husband or significant other who had

repeatedly battered her in the past and who appeared intent on doing so again. State v. Kelly, 97

N.J. 178, 191 (1984). In State v. B.H., 183 N.J. 171 (2005), however, evidence of the syndrome

also was held to be admissible to prove subjecti ve elements of duress. A separate model charge

is offered when evidence regarding the syndrome is adduced in other contexts recognized by the

courts. See State v. Townsend , 186 N.J . 473, 499 (2006) (allowing e xpert testimony from the

State “inform[ing] the jury a bout the effects of battering on women and describ[ing] the

commonly observed behaviors of both battered women who ar e not diagnosed with the

syndrome and those identified as suffering from th e syndrome” in order to prove that the victim

lied when she gave a dying declaration that the defendant had not beaten her).

3 In B.H., 183 N.J. at 201, it was held that when a defendant claims duress as a defense,

evidence of the syndrome “may be used [by the jury] to assess the sin cerity of defendant’s

perception of a threat from her alleged abuser,” but cannot be “used to assist the jury in assessing

the objective reasonableness of defendant’s conduct in response to the pur ported threat....” This

differs from the use of this evidence as part of a self-defense claim, when it is also “relevant to

the reasonableness of defendant’s belief that she was in imminent danger of death or serious

bodily injury.” Kelly, 97 N.J. at 204.

BATTERED WOMAN SYNDROME –

DEFENSES

women who are abused physically or psycholog ically over an extended period of time by the

dominant male figure in their lives. 4 This testimony was offered to support the honesty

[WHERE APPROPRIATE: and reasonableness] of defendant’s belief that she was in

imminent danger of death or serious injury at the hands of ______. [WHERE

APPROPRIATE: In response to this testimony, the State called Dr. ____, who gave expert

testimony on the same subject.] As I shall expl ain more fully, this limited purpose of supporting

the credibility of defendant’s belief that she acte d [defense claimed] is the sole reason for the

admission of this expert testimony on Batter ed Woman Syndrome, and the evidence is not

admissible for any other purpose.

Evidence was introduced that despite her assertion that she had been battered or abused

over an extended period of time, defendant [rem ained silent/took no actio n/did not report this

abuse/continued to live with ____]. The law recognizes that many people believe that a

woman’s claim that she was battered or abused is not credible solely because she remained silent

about the battering or otherwis e did not act to stop it. Evidence regarding Battered Woman

Syndrome is relevant, if believed by you, because it can explain that such behaviors are among

the many ways that a woman may respond to such battering.

In a burglary or theft case or other propert y crime, if the owner did not report the crime

for several years, your common sense might te ll you that the delay reflected a lack of

truthfulness on the part of the owner. In that case, no expert would be offered to explain such

conduct because it is within the common experience and knowledge of most jurors. By contrast,

in a case such as this, expert testimony regard ing Battered Woman Syndrome can help explain

the effects that a sustained pattern of physical and/or psychological abuse can have on a woman.

5

You may not consider evid ence regarding Battered Woman Syndrome as proving that

4 Kelly, 97 N.J. at 193.

5 Kelly, 97 N.J. at 192-193.

BATTERED WOMAN SYNDROME –

DEFENSES

battering did or did not occur. Battered Woma n Syndrome cannot be used to determine whether

or not defendant was, in fact, abused. 6 [WHERE APPROPRIATE : Similarly, you may not

consider that evidence as proving, in and of itself, whether defe ndant was or was not truthful

when describing _______’s prior conduct.] Instead, Battered Woman Syndrome, if proven, may

help explain why a battered woman may [remain s ilent/take no action/continue to live with the

batterer and/or deny that any battering occurred].

In summary, testimony as to the Battered Woman Syndrome is offered only to explain

certain behavior of an alleged victim of battering . As with all other e xpert testimony, the weight

to be given to the testimony of Dr[s]. _________ regarding Battere d Woman Syndrome is

entirely up to you. You may give it great weight, slight weight, some weight, or reject it entirely,

in your discretion.

6 Townsend, 186 N.J. at 499.