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Michigan outlaws the 'gay and trans panic defense' in criminal trials (www.nbcnews.com)

submitted 4 months ago by MicroWave to c/news

30 comments fedilink hide all child comments

The law prohibits using a victim’s sexuality or gender identity as justification for criminal action.

Michigan has outlawed the so-called gay and trans panic defense, which allows criminal defense attorneys to use a victim’s sexual orientation or gender identity as a defense argument.

Michigan Gov. Gretchen Whitmer, a Democrat, signed House Bill 4718 into law Tuesday. The legislation states that an individual’s “actual or perceived sex, gender identity, gender expression, or sexual orientation” is not admissible in a criminal trial to “demonstrate reasonable provocation,” “show that an act was committed in a heat of passion” or “support a defense of reduced mental capacity.”

In a statement shared on Tuesday, the governor’s office said the bill “significantly expands” protections for the LGBTQ community “by protecting them from violent acts of discrimination, prejudice, and hate crimes.”

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[–] [email protected] 34 points 4 months ago* (last edited 4 months ago) (6 children)

I have to admit that I was confused by the meaning of this "panic defense". The following from the article helped a bit.

At the September hearing, Pohutsky said “the LGBTQ panic defense is often deployed as a component of other defenses to play on the unfortunate prejudices of some judges and juries in an effort to mitigate penalties for these crimes.”

But a linked article made this "defense" tactic even more clear.

Gay rights advocates are outraged after an Austin, Texas, man received a light sentence for stabbing his neighbor to death in what some are calling an example of the so-called gay panic defense.

For decades, the rare defense has allowed a victim’s sexual orientation or gender identity to justify violent crime in some cases. Now, advocates are saying it should be banned.

I'm honestly surprised that this was ever admissable in the first place. Well, I guess I shouldn't be surprised.

This is good for the people of Michigan and the other 19 states that ban it. May all US states follow in kind.

[–] [email protected] 27 points 4 months ago* (last edited 4 months ago) (2 children)

and the other 19 states that ban it.

In case anyone else is wondering:

Source: https://www.lgbtmap.org/equality-maps/panic_defense_bans

OFC, the state that calls itself "Best Virginia" is not one of the 20.

[–] kemsat 4 points 4 months ago

Not that it has anything to do with the topic at hand, but the map shows the Great Salt Lake!

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