Using juror simulation techniques, researchers have
explored the impact of such a reformulation of the
expert testimony. Specifically, the impact of an alterna-
tive form of testimony that eliminated reference to the
syndrome terminology, as well as references to learned
helplessness and PTSD, on mock jurors’ decisions was
examined in a series of studies conducted by Schuller
and her colleagues. This alternative form of the testi-
mony placed greater emphasis on the battered woman’s
agency (i.e., effortful and active rather than passive and
helpless) and social realities (e.g., lack of social sup-
port). The results of this research indicate that, like the
battered woman syndrome evidence, the inclusion of
this expert evidence resulted in more lenient verdicts
than when this evidence was omitted. Moreover, the
presence of the expert testimony, compared with the
no-expert condition, led to more favorable evaluations
of the defendant’s claim. Finally, and in contrast to the
impact of battered woman syndrome evidence on mock
jurors’ evaluations of the defendant’s psychological sta-
bility, the alternative form was not associated with
interpretations of psychological dysfunction. In short,
the research suggests that an alternative form of testi-
mony that emphasizes the social aspects of the batter-
ing relationship and omits references to the term
battered woman syndrome, learned helplessness, and
PTSD may be as successful as battered woman syn-
drome evidence in terms of verdict decisions. Also, it
appears to avoid some of the potential pitfalls associ-
ated with the syndrome evidence.Regina A. SchullerSee also Battered Woman Syndrome; Expert Psychological
Testimony; Expert Psychological Testimony, Admissibility
Standards; Expert Psychological Testimony, Forms of;
Expert Testimony, Qualifications of ExpertsFurther Readings
Dutton, M. (1993). Understanding women’s responses to
domestic violence: A redefinition of battered women
syndrome. Hofstra Law Review, 21,1191–1242.
Parrish, J. (1996). Trend analysis: Expert evidence on
battering and its effects in criminal cases. In The validity
and use of evidence concerning battering and its effects in
criminal trials (Section 2). Washington, DC: DOJ, NIJ,
USDHHS, and NIMH. Retrieved January 3, 2007, from
http://www.ncjrs.org/pdffiles/batter.pdf
Schuller, R. A., & Jenkins, G. (2007). Expert evidence
pertaining to battered women: Limitations and
reconceptualizations. In M. Costanzo, D. Krauss, &K. Pezdek (Eds.),Expert psychological testimony for the
court (pp. 203–225). Mahwah, NJ: Lawrence Erlbaum.
Schuller, R. A., & Rzepa, S. (2002). The battered women
syndrome and other psychological effects of domestic
violence against women. In D. L. Faigman, D. H. Kaye,
M. J. Saks, & J. Sanders (Eds.),Modern scientific
evidence: The law and science of expert testimony(Vol. 2,
2nd ed., chap. 11, pp. 37–72). St. Paul, MN: West.
Walker, L. E. (1992). Battered women syndrome and self-
defense. Notre Dame Journal of Law,Ethics & Public
Policy, 6,321–334.
Walker, L. E. (2000). The battered woman syndrome
(2nd ed.). New York: Springer.BEHAVIORANALYSISINTERVIEW
The behavior analysis interview (BAI) is a set of 15
predetermined standardized questions designed to
elicit differential responses from innocent and guilty
suspects at the outset of a police interview. Police
investigators who are reasonably certain of a suspect’s
guilt may submit the suspect to persuasive interroga-
tion techniques meant to break down the suspect’s
resistance; because such interrogation techniques may
lead to false confessions, it is important not to submit
innocent suspects to these techniques. For this reason,
BAI forms an important first step in police interview-
ing. Some evidence, however, refutes the basic
assumptions of the BAI that guilty suspects will feel
less comfortable and be less helpful than innocent sus-
pects. This raises doubts about the ability of the BAI
protocol to determine successfully which suspect is
guilty and which suspect is innocent.
The BAI starts with the question “What is your
understanding of the purpose of this interview?” fol-
lowed by questions such as “Did you commit the
crime?” or “Do you know who committed the crime?”
or “Who would have had the best opportunity to com-
mit the crime if they had wanted to?” and “Once we
complete our entire investigation, what do you think
the results will be with respect to your involvement in
the crime?” Despite its name,behavior analysis inter-
view, the BAI predicts that guilty and innocent sus-
pects will differ in their nonverbal behavior and also in
their verbal responses.
Regarding the nonverbal responses,it is assumed
that liars feel more uncomfortable than truth tellers in
police interviews. Guilty suspects should therefore
show more nervous behaviors, such as crossing theirBehavior Analysis Interview——— 45B-Cutler (Encyc)-45463.qxd 11/18/2007 12:41 PM Page 45