Introduction
The case of Erik and Lyle Menendez, two brothers convicted of the brutal murders of their parents in 1989 is subject to significant public interest both in the US and worldwide following the release of the Netflix series ‘Monsters’ and the Netflix documentary ‘the Menendez Brothers’. The brothers confessed to the murders and made serious allegations against their deceased parents of long-term physical, sexual and emotional abuse.
This article examines the key legal issue surrounding this case which was whether childhood trauma can assist in providing a defence to murder.
The Offence of Murder
In the UK, murder is defined in common law as the unlawful killing of another person with the intention to kill or cause serious injury. The key elements of murder include:
1. An Unlawful Killing: The act must be illegal which means it is not justified by self-defence or other lawful reasons.
2. Intent: The Defendant must have the intention to kill or to cause grievous bodily harm. This can be established through direct intention or by demonstrating that the act was carried out with a disregard for human life.
3. Causation: The defendant's actions must be the direct cause of the victim's death.
Murder carries a mandatory life sentence, with a minimum term set by the Judge based on the circumstances of the case.
Childhood Trauma
Childhood trauma, such as physical abuse, emotional neglect, or exposure to domestic violence, can lead to significant psychological disorders, including Post-Traumatic Stress Disorder (PTSD), depression, and personality disorders. In legal proceedings, it can be challenging to establish a direct link between the trauma and the defendant’s state of mind at the time of the offence. Expert psychological evidence can assist with establishing a link if a Mental Health professional can assess the Defendant's mental state and provide insight into how past trauma may have contributed to their actions. There is a possibility that this could assist the Defence with demonstrating that the Defendant’s childhood trauma directly influenced their behaviour during the commission of the offence.
The Defences potentially available to Victims of Childhood Trauma
Certain defences to Murder can be raised which can significantly reduce a Defendants sentence, including:
1. Diminished Responsibility:
This partial defence may reduce a murder charge to manslaughter if the Defendant was suffering from a mental condition that impaired their ability to understand their actions, form rational judgments, or control their conduct. If the defence can prove on a balance of probabilities that this defence applies, the Defendant will be convicted of manslaughter and will not be subject to a mandatory life sentence. Psychological disorders including PTSD and Personality Disorders can be caused by childhood trauma and could assist the Defence in proving that the defence of diminished responsibility applies.
2. Loss of Control:
This is also a partial defence and can reduce a murder charge to manslaughter if the Defendant can demonstrate that they acted in response to a loss of self-control caused by a qualifying trigger including a fear of serious violence. The Defendant must have had a genuine belief that they were facing imminent serious violence from the Victim and their response must be reasonable for this Defence to apply. If sufficient evidence has been provided to raise this defence, then the burden of proof falls on the prosecution to disprove this defence beyond reasonable doubt. Childhood trauma could assist the Defence in raising loss of control if the Defendant was in fear of serious physical abuse and it led to them to committing the offence of murder.
3. Self-Defence:
This defence provides a complete defence and is applicable when the Defendant claims that they acted to protect themselves or another from imminent harm, if they used reasonable force. Killing someone could amount to unreasonable force, however, this will always depend on the circumstances which lead to the murder. Also, the Defendant does not have to wait to be attacked and could be justified in making a pre-emptive strike to protect themselves or someone else depending on the circumstances. The Defence could possibly be used by a Defendant in a Murder case involving childhood trauma but the force used by them must be reasonable in the circumstances which the Defendant found themselves in. If a Jury finds that the Defendant acted in self-defence, then the Defendant will be acquitted.
Conclusion
The Menendez brothers' case highlights the complexities around childhood trauma and defences to murder. It can play a critical role in determining the sentence of a Defendant. If it can be used to provide a partial defence of diminished responsibility or loss of control, the Defendant’s conviction will be reduced to manslaughter and a mandatory life sentence will not apply. If self-defence can be proven then a Defendant will be acquitted.
As public awareness of mental health issues grows, the courts may increasingly recognise the significant impact of childhood trauma and mental health issues which can lead to a Defendant committing serious offences including murder.