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Contents:
- BEG AAID OF A GAY OR TRANS PERSON IS STILL A VALID MURR DEFENSE MOST OF THE US
- THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
- GAY PANIC INTENSIFI
- GAY PANIC INTENSIFI
- GAY PANIC TENSIFI POSTER
BEG AAID OF A GAY OR TRANS PERSON IS STILL A VALID MURR DEFENSE MOST OF THE US
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On January 21, New Jersey beme the nth state the natn to ban the gay panic fense, a strategy that the ernor said is “rooted homophobia.
THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
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Carsten Andren, a crimal jtice scholar, has been buildg a database of murr s that e the gay panic fense. What is the gay panic fense? The offenr the gay panic fense as an exce or jtifitn to try to eva punishment for the crime of murr.
GAY PANIC INTENSIFI
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In this stance, the gay panic fense was succsful. Two events put me on a path to rearchg the gay panic fense.
At the nference, my ey opened to the obstacl that the LGBTQ+ muny fac a state like Texas, where there is history of homophobia that ntu to the prent day. A few days after his ath, I learned for the first time that he was gay, and realized that he had lived an almost pletely closeted life. Both of the thgs disquieted me and set the stage for my future rearch on the gay panic fense.
How mon is the gay panic fense?
GAY PANIC INTENSIFI
Virgia jt beme the first state the South to ban the e of the “gay and trans panic” fense urt. * gay panic intensifies *
It is also difficult to get rmatn about murrs where offenrs e a gay panic fense urt. Based on my early analysis, fense attorneys who enter gay panic fens n rce a fendants’ murr charg 32% of the time, even though the majory of the homicis volve credible vlence.
Victims who live a closeted gay life are pecially vulnerable. The offenrs the s seemed to take advantage of this “secret” after they were arrted to ultimately nstct a nefar portra of the victims their gay panic fense urt. In 2013, the Amerin Bar Associatn lled a proclamatn for stat to prohib the gay and trans panic fens.
Sce then, ne stat have passed legislatn prohibg the gay panic fense.
GAY PANIC TENSIFI POSTER
The gay/trans panic legal fense legimiz and exc vlent and lethal behavr agast members of the LGBTQ+ muny. The fense is fed by the LGBT Bar as “a legal strategy which asks a jury to fd that a victim’s sexual orientatn or genr inty is to blame for the fendant’s vlent reactn, cludg murr.” * gay panic intensifies *
Yet, this legislatn do not necsarily signal an end to homophobia the urtroom. Fally, the legal scholar Cynthia Lee has wrten about how offenrs n go around prohibns issued by judg to troduce gay panic fense strategi.
In the Matthew Shepard murr trial, the fense attorney troduced two wns to ttify that the victim was sexually assertive, even though the judge had prohibed them om g a gay panic fense. LGBT is still a popular term ed to discs genr and sexual mori, but all GSRM are wele beyond lbian, gay, bisexual, and transgenr people who nsent to participate a safe space.
The gay/trans panic legal fense legimiz and exc vlent and lethal behavr agast members of the LGBTQ+ muny. Over the urse of lbian, gay, or bisexual people's lifetim, one five will experience hate crim, and one four transgenr people will as dividuals at the tersectn of homophobia, transphobia, and racism, face worse statistics. As of July 1, 2019, eight stat have passed legislative bans on the e of gay/trans panic as a legal fense: California, Illois, Rho Island, Nevada, Connecticut, Mae, Hawaii, and New York.
* gay panic intensifies *
It mt be noted that gay/trans panic is not an affirmative legal fense; is a tactic to strengthen the fense by playg on prejudice.
Dpe bunkg "gay panic disorr, " and s removal om the DSM by the Amerin Psychologil Associatn 1973, legal fense teams ntue to e the 1954 murr of William T. Simpson North Miami, FL, the fendants claimed that they shot Simpson, a gay man, while "ristg his advanc, " th utilizg the provotn fense. Even though the fendants were crimals who equented that area of highway to rob drivers, and tentnally targeted homosexual victims, the fendants were nvicted of manslghter rather than first-gree murr.
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The fense aga utilized the provotn fense, cg that the nature of the note and Amre's homosexualy was enough to send Schmz to a panic and kill Amre.
The gay/trans panic fense has not always been succsful. The gay/trans panic fense was emed admissible, not due to the illegimacy of the gay/trans panic fense, but stead due to Wyomg's statutory sany fense nstct. Currently, there are several other state legislative efforts to ban and nounce the legimacy of the gay/trans panic fense.