Calif. Bill To Ban Gay Panic Defense Advances

[davidinalameda]

http://www.365gay.com/Newscon06/01/011106calPanic.htm

A bill that would mitigate the effects on a jury of the so-called gay or trans panic defense has passed a key committee of the California legislature.

The Gwen Araujo Justice for Victims Act passed the Assembly Public Safety Committee by a 4-2 vote. If a defense attorney attempted to use the argument that a client committed a crime out of panic because the victim were gay or trans a judge would be required to instruct the jury that the use of societal bias, including so-called "panic strategies," to influence the proceedings of a criminal trial is inconsistent with the public policy of the State of California.

The bill is named is named in memory of a transgender teenager from Newark, Calif., who was attacked and killed in 2002.

"We should not allow criminal defendants to blame their victims," said Assemblywoman Sally Lieber, the author of the legislation.

[William769]

1. Sounds good in theory but...

Once it is said in the courtroom no matter what the judge says, it will not be erased from the juries minds.

[davidinalameda]

2. but it can be used for appeals though