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Bar association: ‘Gay panic’ defense should be curtailed by legislation

Started by vegie271, August 13, 2013, 07:47:41 PM

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http://www.lgbtqnation.com/2013/08/bar-association-gay-panic-defense-should-be-curtailed-by-legislation/

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Bar association: 'Gay panic' defense should be curtailed by legislation

Staff Reports
Tuesday, August 13, 2013
The American Bar Association voted Monday in favor of a resolution urging state and federal lawmakers to pass legislation restricting the availability and effectiveness of the use of "gay panic" and "trans panic" defenses by criminal defendants.

The resolution, approved by voice vote at the ABA's convention in San Francisco, asks legislators to adopt jury instructions — similar to an existing statute already in effect in California – telling jurors not to be influenced by the sexual orientation or gender identity of either the victim or the defendant, and to ban the defense in non-capital homicide cases.

The lawyers' organization said "gay panic" and "trans panic" defense strategies seek to excuse crimes by saying that the victim's sexual orientation caused their assailant's violent reaction to them.

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I am thinking this is a nice opportunity for our legislators to step forward and make some progress in making a few laws against hate crimes.



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