People v. Humphrey

921 P.2d 1, 13 Cal. 4th 1073, 96 Daily Journal DAR 10609, 96 Cal. Daily Op. Serv. 6509, 56 Cal. Rptr. 2d 142, 1996 Cal. LEXIS 4222
CourtCalifornia Supreme Court
DecidedAugust 29, 1996
DocketS045985
StatusPublished
Cited by380 cases

This text of 921 P.2d 1 (People v. Humphrey) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Humphrey, 921 P.2d 1, 13 Cal. 4th 1073, 96 Daily Journal DAR 10609, 96 Cal. Daily Op. Serv. 6509, 56 Cal. Rptr. 2d 142, 1996 Cal. LEXIS 4222 (Cal. 1996).

Opinions

Opinion

CHIN, J.

The Legislature has decreed that, when relevant, expert testimony regarding “battered women’s syndrome” is generally admissible in a criminal action. (Evid. Code, § 1107.) We must determine the purposes for which a jury may consider this evidence when offered to support a claim of self-defense to a murder charge.

The trial court instructed that the jury could consider the evidence in deciding whether the defendant actually believed it was necessary to kill in self-defense, but not in deciding whether that belief was reasonable. The instruction was erroneous. Because evidence of battered women’s syndrome may help the jury understand the circumstances in which the defendant found herself at the time of the killing, it is relevant to the reasonableness of her belief. Moreover, because defendant testified, the evidence was relevant to her credibility. The trial court should have allowed the jury to consider [1077]*1077this testimony in deciding the reasonableness as well as the existence of defendant’s belief that killing was necessary.

Finding the error prejudicial, we reverse the judgment of the Court of Appeal.

I. The Facts

A. Prosecution Evidence

During the evening of March 28, 1992, defendant shot and killed Albert Hampton in their Fresno home. Officer Reagan was the first on the scene. A neighbor told Reagan that the couple in the house had been arguing all day. Defendant soon came outside appearing upset and with her hands raised as if surrendering. She told Officer Reagan, “I shot him. That’s right, I shot him. I just couldn’t take him beating on me no more.” She led the officer into the house, showed him a .357 magnum revolver on a table, and said, “There’s the gun.” Hampton was on the kitchen floor, wounded but alive.

A short time later, defendant told Officer Reagan, “He deserved it. I just couldn’t take it anymore. I told him to stop beating on me.” “He was beating on me, so I shot him. I told him I’d shoot him if he ever beat on me again.” A paramedic heard her say that she wanted to teach Hampton “a lesson.” Defendant told another officer at the scene, Officer Terry, “I’m fed up. Yeah, I shot him. I’m just tired of him hitting me. He said, ‘You’re not going to do nothing about it.’ I showed him, didn’t I? I shot him good. He won’t hit anybody else again. Hit me again; I shoot him again. I don’t care if I go to jail. Push come to shove, I guess people gave it to him, and, kept hitting me. I warned him. I warned him not to hit me. He wouldn’t listen.”

Officer Terry took defendant to the police station, where she told the following story. The day before the shooting, Hampton had been drinking. He hit defendant while they were driving home in their truck and continued hitting her when they arrived. He told her, “I’ll kill you,” and shot at her. The bullet went through a bedroom window and struck a tree outside. The day of the shooting, Hampton “got drunk,” swore at her, and started hitting her again. He walked into the kitchen. Defendant saw the gun in the living room and picked it up. Her jaw hurt, and she was in pain. She pointed the gun at Hampton and said, “You’re not going to hit me anymore.” Hampton said, “What are you doing?” Believing that Hampton was about to pick something up to hit her with, she shot him. She then put the gun down and went outside to wait for the police.

Hampton later died of a gunshot wound to his chest. The neighbor who spoke with Officer Reagan testified that shortly before the shooting, she [1078]*1078heard defendant, but not Hampton, shouting. The evening before, the neighbor had heard a gunshot. Defendant’s blood contained no drugs but had a blood-alcohol level of .17 percent. Hampton’s blood contained no drugs or alcohol.

B. Defense Evidence

Defendant claimed she shot Hampton in self-defense. To support the claim, the defense presented first expert testimony and then nonexpert testimony, including that of defendant herself.

1. Expert Testimony

Dr. Lee Bowker testified as an expert on battered women’s syndrome. The syndrome, he testified, “is not just a psychological construction, but it’s a term for a wide variety of controlling mechanisms that the man or it can be a woman, but in general for this syndrome it’s a man, uses against the woman, and for the effect that those control mechanisms have.”

Dr. Bowker had studied about 1,000 battered women and found them often inaccurately portrayed “as cardboard figures, paper-thin punching bags who merely absorb the violence but didn’t do anything about it.” He found that battered women often employ strategies to stop the beatings, including hiding, running away, counterviolence, seeking the help of friends and family, going to a shelter, and contacting police. Nevertheless, many battered women remain in the relationship because of lack of money, social isolation, lack of self-confidence, inadequate police response, and a fear (often justified) of reprisals by the batterer. “The battering man will make the battered woman depend on him and generally succeed at least for a time.” A battered woman often feels responsible for the abusive relationship, and “she just can’t figure out a way to please him better so he’ll stop beating her.” In sum, “It really is the physical control of the woman through economics and through relative social isolation combined with the psychological techniques that make her so dependent.”

Many battered women go from one abusive relationship to another and seek a strong man to protect them from the previous abuser. “[W]ith each successful victimization, the person becomes less able to avoid the next one.” The violence can gradually escalate, as the batterer keeps control using ever more severe actions, including rape, torture, violence against the woman’s loved ones or pets, and death threats. Battered women sense this escalation. In Dr. Bowker’s “experience with battered women who kill in self-defense their abusers, it’s always related to their perceived change of [1079]*1079what’s going on in a relationship. They become very sensitive to what sets off batterers. They watch for this stuff very carefully. [^Q . . . Anybody who is abused over a period of time becomes sensitive to the abuser’s behavior and when she sees a change acceleration begin in that behavior, it tells them something is going to happen . . . .”

Dr. Bowker interviewed defendant for a full day. He believed she suffered not only from battered women’s syndrome, but also from being the child of an alcoholic and an incest victim. He testified that all three of defendant’s partners before Hampton were abusive and significantly older than she.

Dr. Bowker described defendant’s relationship with Hampton. Hampton was a 49-year-old man who weighed almost twice as much as defendant. The two had a battering relationship that Dr. Bowker characterized as a “traditional cycle of violence.” The cycle included phases of tension building, violence, and then forgiveness-seeking in which Hampton would promise not to batter defendant any more and she would believe him. During this period, there would be occasional good times. For example, defendant told Dr. Bowker that Hampton would give her a rose. “That’s one of the things that hooks people in. Intermittent reinforcement is the key.” But after a while, the violence would begin again. The violence would recur because “basically ...

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921 P.2d 1, 13 Cal. 4th 1073, 96 Daily Journal DAR 10609, 96 Cal. Daily Op. Serv. 6509, 56 Cal. Rptr. 2d 142, 1996 Cal. LEXIS 4222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-humphrey-cal-1996.