State v. Ferreira and Others

The appellant, convicted of hiring two workers to kill her abusive husband, argued for a reduced sentence.  The court held that a lesser sentence is permitted only when there are "truly convincing" circumstances or where a life sentence is disproportionate or unjust. Expert testimony regarding battering and its effects showed how her behavior fit a well-known pattern for abused women.  The court found this testimony convincing and held that the appellant's  use of third parties to kill her husband did not invalidate her claim to be a victim of battering.  Additionally, the court held that appellant's failure to testify should have no effect on her credibility. The court reduced her sentence but declined to acquit the appellant because of the premeditated nature of the act.



Avon Center work product