Chapter 4: The Many Defences of Maria Barberi: Challenges to a Victim-Based Agency

The criminal justice system uses oversimplified stock narratives that place women who kill into limiting categories of ‘bad’, ‘mad’ and/or ‘victim’. These narratives deny women's agency by portraying their actions as lacking humanity, rationality and/or intentionality. Many feminist scholars argue that new narratives are needed to recognise women who kill as fully human, volitional subjects. This chapter uses the case of Maria Barberi to examine why and how defences founded on a victim-based agency fail. In 1895, Barberi killed Domenico Cataldo in a Manhattan barroom after enduring months of psychological, physical and sexual abuse. Her defence was grounded in the unwritten law – a widely held belief that people had the right to avenge their honour (when impugned by infidelity, seduction or sexual assault) with lethal violence. The case went through four stages: the initial trial, resulting in a murder conviction and death sentence; a nation-wide clemency campaign; an appeal; and a retrial, resulting in an acquittal. Throughout this process, Barberi's agency was undermined by negative stereotypes of gender and ethnicity, the political goals of women's rights activists, and Barberi's own self-interests. Ultimately, this case demonstrates that agency-based narratives are both difficult to deploy and desperately needed.