IS MISS SYMPATHY A CREDIBLE DEFENDANT ALLEGING INTIMATE PARTNER VIOLENCE IN A TRIAL FOR MURDER?

Current research has postulated that judicial inferencing and judgement-making are subject to biased appraisals. This study assessed the factors reported in the literature associated to the appraisal of criminality in a mock case of a battered woman standing trial for murdering her husband, and who pleaded legitimate self-defence in response to an instance of intimate partner violence. A nationwide sample of 169 police officers from different cities in Spain freely volunteered to participate in the study. Using a mock trial design, the defendant′s prototypicality (prototypical vs. non-prototypical), and physical attractiveness (attractive vs. unattractive) were manipulated. Participants were required to assess the criminality (credibility, responsibility, and controllability) of a battered woman accused of murdering her husband, and who alleged legitimate self-defence in response to an incident of intimate partner violence. The results showed that a defendant perceived as the prototype of a battered woman was judged as having less or no control of the situation; physical attractiveness increased the perception of the defendant′s responsibility in committing the crime; and an interaction between prototypicality and attractiveness in assigning credibility to the defendant′s testimony. Moreover, hostile sexism mediated the relationship between the defendant′s prototypicality and controllability. The results are discussed in terms of their implications for judicial judgement making in cases of battered women who kill their aggressors.