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...

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...

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.