Insofar as "Battered Woman Syndrome" has a relatively long history within the U.S. judicial system, then a case can certainly made for the prosecution's decision in the case of Joel Steinberg and Hedda Nusbaum. Some may reject the notion that psychological phenomena like "Battered Woman Syndrome" (hereafter, BWS) and the hostage-related case of "Stockholm Syndrome" should not excuse criminal behavior, and it is a subjective matter. The legal history, however, clearly allows for a defense based upon application of BWS. A link provided below includes relevant case studies that established the legal precedent for acquittal on the basis of BWS. Suffice to say that the American legal system has established BWS as the basis for a criminal defense.
Whether the legal precedent can be extended to the notion of moral culpability, however, is another matter. As noted, determinations of morality are highly subjective, no matter how egregious the act leading an individual into the judicial system. Legally, the prosecutors in the case of Hedda Nusbaum acted appropriately. There was an established history of physical injury that could logically be attributed to abuse at the hands of another human being, in this case, Joel Steinberg. The history of gender relations also accounts for dependency relationships that advantage the male and disadvantage the female. Sadly, thousands of women have been subjected to physical and emotional abuse by their partners or husbands, yet remain with those partners or husbands out of a psychological dependency that can best be explained in the article on BWS as a legal defense linked below. Many women cannot take the necessary "next" step and terminate a relationship out of fear and an ingrained sense of insecurity about being left alone. That emboldens certain men to abuse and exploit the women in question.
Specific to the death of Lisa Steinberg, a case can definitely be made to excuse the mother because of her record of victimhood at the hands of Joel Steinberg. The physical and emotional trauma sustained by Hedda almost certainly played a role in her failure to protect her daughter. Plus, prosecutors in all matter of criminal trials cajole or threaten culpable parties to testify against other parties in exchange for leniency in sentencing or, as in the case of Hedda Nusbaum, in exchange for a decision not to prosecute. That is how the American legal system works. That is why organized crime figures who have carried out murders have nevertheless been allowed to serve reduced sentences or been rewarded with preferential treatment in exchange for their agreement to testify against other criminals. Joel Steinberg's actions warranted a lengthy prison sentence. In order to ensure such an outcome, Hedda's testimony, as a "friendly" witness (for the prosecution) helped ensure that outcome. The prosecutor's decision to not prosecute Hedda, then, was correct both legally and morally.
http://criminal-justice.iresearchnet.com/cgi-sys/suspendedpage.cgi
https://courses2.cit.cornell.edu/sociallaw/student_projects/BatteredWomanSyndrome.htm
Thursday, September 4, 2014
In 1987 Hedda Nusbaum, an editor of children’s books, called police to report that her daughter, Lisa Steinberg, had choked on food. Lisa was the 6 year old adopted daughter of Nussbaum and her common-law spouse, Joel Steinberg, a millionaire criminal defense attorney. The couple lived an affluent life in Greenwich and also had another adopted son named Mitchell, who was then 16 months old. When police arrived Lisa was found unconscious and died four days later at St. Vincent’s Hospital. During the investigation, police discovered numerous bruises on Lisa’s body that Hedda maintained were the results of several falls that Lisa had recently taken while learning to roller skate. In fact, the police investigation determined that Lisa Steinberg died as a result of a head injury inflicted by a rubber headed hammer. They also found Lisa’s brother, Mitchell, chained up and lying in his own feces, large amounts of cocaine in the Steinberg apartment, bloodstains everywhere.When the police confronted Hedda, she reported that Joel inflicted the head injury that left Lisa unconscious and then left the apartment. While he was gone, Hedda waited in the apartment for several hours for Joel to return in the belief that, when he did, he would “wake up” Lisa. Upon his return Hedda and Joel freebased cocaine, and only after several more hours had passed did she call 911. In total, Hedda has waited over ten hours before seeking medical attention for her daughter. Although the couple were arrested on child abuse charges, Hedda made a deal with the prosecution that allowed her to avoid being arrested in return for testifying against her husband. Hedda maintained that she herself had been abused by Joel for years—a claim that was supported by the fact that she had suffered from nine broken ribs, a broken jaw, and a broken nose. Her lawyers argued that she suffered from battered woman’s syndrome, and it was for this reason that she remained with Joel during the years of abuse that she and her children had suffered at his hands. It was further argued that her fear of Joel had rendered her incompetent at the time of the murder. Based in part upon Hedda’s testimony, Joel Steinberg was convicted of first degree manslaughter and sentenced to 8 ½ - 25 years in prison. He spent the next 16 years in a maximum security prison in New York State. __________________________________________________________________Do you think that the extreme abuse inflicted on Hedda Nussbaum by her Husband, Joel, diminished her responsibility for what happened to her daughter Lisa? Do you think that New York Prosecutors made the correct decision not to charge her as well in the murder of her daughter? Why or why not?
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