Tuesday, May 16, 2006

NJ Supreme Court Upholds Testimony on Battered Women's Syndrome

The New Jersey Supreme Court has issued an opinion upholding testimony on battered women's syndrome, in a murder case involving the victim's deathbed denial, over twenty years ago, that her fatal injuries resulted from spousal abuse. The court reached its conclusion even though the woman was never diagnosed with battered women's syndrome during her lifetime. See State v. Townsend, No. A-112/113-04 (N.J. May 15, 2006).

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.