On February 11, 1983, Robert Augustus Harper, Jr., filed the Amicus Curiae on Joyce Bernice Hawthorne v. State of Florida, 740 So.2d. 770. This was Hawthorne's third appearance in the Florida First District Court of Appeals for first-degree murder, second-degree murder, and now manslaughter. The issue raised in amicus Hawthorne v. State was related to the expert testimony of Dr. Lenore E. Walker, a clinical psychologist with extensive involvement in the study and research of “battered woman syndrome.” Amicus indicated that Dr. Walker's testimony would provide the trier of fact with expert opinion on a battered woman's belief that it would be necessary to resort to the use of deadly force against her husband if the woman perceived imminent death or physical violence against herself and/or her partner. children. Dr. Walker would clarify the battered woman syndrome to the jury, including all the relevant stages, cycles of violence, symptoms and reasons why women choose to stay with the abuser. Amicus states that the appellant's brief argues that the evidence supports Dr. Walker's qualifications as an expert and then focuses its brief on the scientific knowledge of the field to support an expert opinion on battered women's syndrome. In doing so, the amicus turned to guidelines, case law, academic legal materials, expert methodology received as “generally accepted” in scientific journals written by authorities in the field of battered women's syndrome. He told the appeal court that other courts have regarded many or even all of these examples as evidence of expert methodology as "generally accepted" by the scientific community and in doing so have found reliability in the opinion of these experts and reliability of the techniques used ... half the paper ... in their courts and the same should apply to Florida courts. He was clear in his dissenting opinion on the current appellate court and lower court that the area of expert testimony required more definitive direction within Florida's trial and appellate court system. Works cited American Psychological Association (n.d.). Hawthorne v. State. Retrieved November 16, 2013, from http://www.apa.org/about/offices/ogc/amicus/hawthorne.aspxWestlaw (February 6, 1997). Joyce Bernice Hawthorne v. State of Florida. Retrieved November 16, 2013, from https://a.next.westlaw.com/Document/I3dd08cf00d9b11 d9821e9512eb7d7b26/View/FullText.html?listSource=Foldering&originationContext= cliented&transitionType=MyResearchHistoryItem&contextData =%28oc.Search%29&VR=3. 0&RS=cblt1.0
tags