Gay Defense On The Way Out? Why Was it Allowed? Gay Rights or Human Rights?

  -gay-panic-defense-in-marcus-mcmillians-murder

Introduction

This is being so long in coming! I don’t understand how in the first place it was allowed to continue or to start for that matter.  It was only allowed for the gay community though. The bias of the lawyers, judges and justice(jaja)system in general that is supposed to be blind to the person looking for justice so everyone would get the same justice is the worse joke that has been put on the nations mind. Such a thing does exists. 

We see it when someone wealthy is charge with any crime from drug use to murder. As an example like if we needed one I will give you Lin Ling (Lohan) for drugs and for murder I will give you jack the ripper, OJ (Simpson).

But the real injustice was done on a day to day basis on the gay community. For instance from assault to murder by hanging while or and burning the victim alive or not to cruxificcion like Matthew Shepard. 

In this cases and in any other and it happened time after time: "He was gay it drove me mad.’

“He made a move at me and I felt like woman and thought I would be raped"(even though the gay person was either too old to rape anybody or too young to fight a big man) those are usually called mitigating circumstances but it usually works for the victim not the defense unless the victim was gay.

“ My client is afraid of being gay so he was batching his own heard not the victim’s."

 Then it was just mitigating against a weird gay person that needs no justice because it doesn’t put the penis or receives in the right spot. That alone is the basis! What a carnage over nothing!

It is insane that is taken this long . It’s beginning to be seen now as an injustice but Matthew was killed in the mid 90’s and before Matthew, How Many? These are not gay rights, these are human rights and what person that looks at this with a clean fair mind would not agree? What is better to follow a book or a tradition or to save human lives?

Legal Action

The American Bar Association’s Criminal Justice Section has taken up a resolution to protect victims of so called gay and trans “panic” legal defenses Now. The resolution supports the LGBT community by no longer allowing defense attorneys to use victims’ identities or their sexual orientation against them in court.

“This resolution puts an end to a longstanding injustice in our legal system and gives a voice to countless lesbian, gay, bisexual and transgender victims of violence, a voice we never hear because they are no longer here to speak for themselves,” said D’Arcy Kemnitz, executive director of the National LGBT Bar Association.

Gay and trans “panic” defense tactics ask a jury to find that a victim’s sexual orientation or gender identity is to blame for the defendant’s excessively violent reaction. The perpetrator, according to the association, claims that the victim’s sexual orientation or gender identity not only explain – but excuse – his or her loss of self-control and subsequent assault of an LGBT individual. By fully or partially acquitting the perpetrators of crimes against LGBT victims, these defenses imply that LGBT lives are worth less than others, said the LGBT bar.

The two men who nearly 15 years ago murdered Matthew Shepard, a 21 year old college student in Wyoming, tried to use a panic defense.

The LGBT bar said the defense is still being used today, most recently in connection with the February murder of Mississippi mayoral candidate Marco McMillian. McMillian was the state’s first openly gay candidate for office. Lawrence Reed, the man who admitted to killing McMillian, has made comments to the press indicating that he might use the gay panic defense to mitigate the charges against him.

“We have been fighting against gay and trans panic defenses for more than 15 years,” said Kemnitz. “We must protect the LGBT community by refusing to allow defendants to use a victim’s sexual orientation or gender identity to justify their heinous crimes.”

The National LGBT Bar Association developed the resolution, calling for jury instruction and providing for training for judges, attorneys and juries geared toward supporting victims by minimizing the use of the gay and trans “panic” legal defenses.

The ABA House of Delegates must pass the resolution at the 2013 ABA Annual Meeting in August for the recommendations to become official ABA policy.

{Adam}