Battered Women's Defense

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In the case of DePetris versus Kuykendall, I do not believe the state of California acted in the proper manner when prosecuting Kelly DePetris. When reading this case many thoughts ran through my head and provoked anger inside of me as a result from Dana DePetris’ threats toward his child. As an elementary education major, children mean the world to me and I think Kelly DePetris (from here on known as the appellant) only acted out of the well being of her child. One of the first things this case mentions is that Dana DePetris had a short temper and was violent to the appellant starting in late 1991, only a year after they were married and around the time in which their child was born. The case also mentions profanity and threats made by Dana DePetris toward his child. I believe that one, shall we say, “excuse” for the appellant’s actions would have been for the protection of her child. Dana DePetris continued to threaten the appellant and the child for many years after that and each time the threats only getting worse. The appellant’s claim of “imperfect self-defense” would be justifiable in this case. The appellant honestly felt her life was in danger. She also felt the life of her child was in danger. These were not petty thoughts the appellant had made up in her head. She had family and friends to prove these actions of Dana DePetris to be true. When researching this case more, I found that the appellant had found a journal belonging to her husband, which contained his nasty thoughts, in detail, about killing the appellant or their child. When the appellant tried to use this journal as evidence in the courts it was thrown out because it was claimed to be “inadmissible” evidence. This journal was the appellant’s main defense for her reason to kill her husband and the prosecuting attorneys did everything in their power to have this evidence thrown out of the courtroom. These attorneys also limited the statement from Psychologist Nancy...
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