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LGBT News california-bans-gay-panic-trans-panic-defenses-a

Discussion in 'Current Events, World News, & LGBT News' started by burg, Oct 17, 2014.

  1. burg

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    www.bustle.com/articles/42217-california-bans-gay-panic-trans-panic-defenses-aka-the-worst-things-you-never-knew-were]Bustle[/url] . we had the same defense here in new zealand and Australia until a few years ago .i kinda thought it wasn't a excuse in the us guess i was wrong.
     
  2. Pret Allez

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    Well, I think ultimately juries get to decide what defenses are valid, notwithstanding the law. It's not so much that gay panic or trans panic defenses were "valid" as a matter of law.

    It's just that the United States is a sick place to live in, so we have jurors who think it's "understandable" that a guy beats another man to death because he feels threatened by an unwanted sexual advance. Rather than, say, that the defendant should be summarily executed in a meatgrinder and confettied over the nearest college fraternity.

    So in reality, the law is now just making clear that this "defense" is not okay. Even without such a law, as a juror, I would consider use of the defense an aggravating circumstance, not a partial defense to mens rea.
     
    #2 Pret Allez, Oct 17, 2014
    Last edited: Oct 18, 2014