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Topic: Gay panic defense


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In the News (Sat 11 Oct 08)

  
  Gay panic defense - Wikipedia, the free encyclopedia
Gay panic defense is a term used to describe a rare but high-profile legal defense against charges of assault or murder.
A lawyer using the gay panic defense claims that the defendant acted in a state of temporary insanity because of a little-known psychiatric condition called homosexual panic.
The transgender variant of the gay panic defense was also used in 2004-2005 by the three defendants in the Gwen Araujo homicide case, who claimed that they were enraged by the discovery that Araujo, a transgendered teenager living as a woman, was biologically male.
en.wikipedia.org /wiki/Gay_panic_defense   (622 words)

  
 Southern Voice Online
A gay panic defense is that a defendant killed or hurt someone of the same sex in a rage after they had sex or thought they were on the receiving end of a sexual overture.
Probably the best-known panic defense was evoked in the 1998 murder of Shepard, who was tied to a fence in Laramie, Wyo., pistol-whipped, robbed and left for dead in the cold, dying five days later of massive head injuries.
Gay panic wasn't raised in the case of Teena, a 21-year-old Nebraskan who was born a woman but identified as a man. Prosecutors said he was killed in 1993, along with two witnesses, after reporting being raped by two men who had discovered his biological identity.
www.southernvoice.com /thelatest/thelatest.cfm?blog_id=2523   (1122 words)

  
 Defense of infancy: Facts and details from Encyclopedia Topic   (Site not responding. Last check: 2007-11-03)
In jurisprudence, an excuse is a defense in which a defendant argues that he or she was not liable for his or her actions at the time a law was broken and...
Gay panic defense is a term used to describe a legal defense against certain crimes....
The defense of others (alter ego defense or defense of a third person) is a possible justification for breaking the law....
www.absoluteastronomy.com /encyclopedia/d/de/defense_of_infancy.htm   (839 words)

  
 towleroad: "Gay Panic" the New Black in Midwestern Murders
Two murder cases made headlines on Monday, and "gay panic" is at the center of the defense in both of them.
The "gay panic" defense is being used in the trial this week which will determine if Hirte was insane at the time of the killing.
Gay panic defenses are not new, as you'll remember from this trial, but they seem mighty fashionable these days.
towleroad.typepad.com /towleroad/2005/02/gay_panic_cited.html   (576 words)

  
 "Gay Panic" Is No Excuse For Killer In Matthew Shepard Case
The gay panic defense states that when a homosexual makes an advance on someone with repressed homosexual tendencies or experiences, it triggers a violent, uncontrollable reaction.
The defense plans to argue that after Shepard tried to hit on McKinney, he had been snapped because McKinney was abused as a child and forced into homosexual acts by neighborhood bullies.
The "battered woman" defense is based on the premise that an abused wife may justifiably feel that she has no other recourse than to strike back at her husband.
www.brunchma.com /~acsumama/com/com102999.html   (1061 words)

  
 Court TV Online - T R I A L S - MATTHEW SHEPARD MURDER TRIAL
The defense is, in effect, either a temporary insanity defense or a diminished capacity defense, such as irresistible impulse, which are not allowed in Wyoming, because they do not fit within the statutory insanity defense construct.
Defense counsel's contention that the defense is not a homosexual rage defense, but is merely a state of mind defense, is not compelling.
The elements of the defense the Defendant proffers are precisely the elements of the homosexual rage syndrome.
www.courttv.com /archive/trials/mckinney/gay_panic_ruling_ctv.html   (423 words)

  
 Unknown News
Dulce said the panic Martinez felt was a sort of temporary insanity brought on by the shock of realizing he had been duped by a transgender man. Dulce said his defense is similar to "heat of passion" arguments made in the past.
Gay panic defense is a term used to describe a rare but high-profile legal defense, when a person claims to have committed a violent crime, attack, assault or murder against a person of the same sex or gender because they allege that the person made romantic or sexual propositions.
The effectiveness of the "gay panic" defense is boosted by widespread social fear and ignorance of homosexuality.
www.unknownnews.org /0510071001gaypanic.html   (909 words)

  
 Homosexual panic - Wikipedia, the free encyclopedia
This article is about 'homosexual panic' or 'gay panic' as a mental disorder.
Return to previous levels of adaptation is common after symptoms subside, but treatment usually involves advice not to return to the type of environment that prompted the condition.
This condition has been used as a legal defence (see gay panic defense) and the validity of this has been challenged in some jurisdictions.
en.wikipedia.org /wiki/Homosexual_panic   (361 words)

  
 Gay panic defense
Gay Panic Defense is a term used to describe a certain type of defense against certain crimes, when defending in a court of law.
This defense was used in the famous case against the murderers of gay bashing victim Matthew Shepard.
The use of the defense was successful in securing a conviction of Aaron James McKinney[?] for second-degree rather than first degree murder, but its use was met with outrage by the citizens of Laramie, Wyoming, where the crime took place.
www.fastload.org /ga/Gay_panic_defense.html   (181 words)

  
 Gay panic defense   (Site not responding. Last check: 2007-11-03)
The rationale behind the argument is that non-homosexual person can become so offended or by the sexual or romantic interest of homosexual that he or she is driven temporarily insane and commits an act that would otherwise be of his or her character as murder).
The defense is often used in the United States of America especially in Southern states where disapproval homosexuality is very common.
This defense was used in the famous against the murderers of gay bashing victim Matthew Shepard.
www.freeglossary.com /Gay_panic_defence   (594 words)

  
 Gay Panic Defense Could Get Boost from Kentucky Bill
Civil rights advocates have suggested that the measure, if passed into law, could be used to support a "gay panic" defense similar to the one rejected by a Wyoming judge in the Matthew Shepard case.
Damron said his legislative effort is not taking aim at gays, and even suggested that the bill would protect gay men, a group he said is at higher risk for sexual attack because of their sexual orientation.
The "gay panic" defense is not based on the concept of self-defense, but on the idea that defendants have a mental problem that causes them to feel uncontrollable rage when someone makes a gay advance, and thus are not responsible for their actions.
www.sodomylaws.org /usa/kentucky/kynews5.htm   (1026 words)

  
 Court TV Online - T R I A L S - MATTHEW SHEPARD MURDER TRIAL
The defense argued that this rage — and McKinney's fatal beating of Shepard — was spurred partly by the defendant's own prior homosexual experience and aggravated by drug and alcohol abuse.
The defense told jurors Monday that McKinney was sexually abused by a male neighborhood bully when he was 7 years old and had a "confusing" experience at age 15 with one of his cousins.
Whether Custis is allowed to present the so-called gay panic defense or not, he may have difficulty countering prosecutors' allegations that the murder was premeditated and that robbery was the motive.
www.courttv.com /archive/trials/mckinney/102799_ctv.html   (631 words)

  
 Bill and Kent's Place on the Web   (Site not responding. Last check: 2007-11-03)
Hildebran said the defense used a “gay panic” argument, referring to a sometimes violent reaction to homosexual advances.
The issue of “gay panic” surrounded the high-profile case of Matthew Shephard, who was murdered seven years ago in Wyoming.
Defense attorney Scott Drabenstadt said that Cottrell was entitled under state law to fight back to protect himself from being raped or sodomized, using deadly force if necessary.
billandkent.com /blog/archives/001600.htm   (1270 words)

  
 Washington Blade Online
When the nation’s first-ever symposium on “Defeating the Gay Panic Defense” convened in Atlanta last week, many of the cases featured in the opening video presentation were familiar to those who followed the highest profile anti-gay killings of recent years.
But while the tactic may influence jurors, the gay panic defense is not a formal legal defense as defined by criminal law texts, according to other presenters at the symposium.
Despite the outcome of the Dabarran case, the gay panic defense is not usually successful in winning an outright acquittal, but it often leads to convictions on lesser charges, according to information presented at the symposium.
www.washblade.com /2005/3-4/news/national/panis.cfm   (1519 words)

  
 Definition of Gay panic defense
The rationale behind the argument is that a non-homosexual person can become so offended or outraged by a sexual or romantic interest that is perceived to be homosexual that he or she is driven temporarily insane and commits an act that would not otherwise be of his or her character (such as murder).
The defense is occasionally used in the United States of America, especially in Southern states, where disapproval of homosexuality is very common.
The gay panic defense is also occasionally used in cases of violence against transgender or transsexual persons, especially transwomen.
www.wordiq.com /definition/Gay_panic_defense   (355 words)

  
 CNN - Judge may bar 'gay panic' defense in Wyoming beating trial - October 27, 1999
Albany County District Court Judge Barton Voigt said a defense based on the argument that McKinney acted out of fear generated by an alleged sexual advance by the victim, Matthew Shepard, is not supported by Wyoming law.
But the defense contends that McKinney acted in a drug-fueled rage after Shepard made a sexual advance at him -- a rage that defense attorney Jason Tangeman also said was fueled by McKinney's "sexually traumatic and confused history," including being molested at age 7.
Matthew Shepard was lured out of a Laramie bar on October 7, 1998 -- allegedly because he was gay -- driven to a remote prairie, tied to a fence, pistol-whipped into unconsciousness and left for dead in freezing temperatures.
www.cnn.com /US/9910/27/shepard.trial.02   (743 words)

  
 GLAAD: "Gay Panic" Defense To Be Used In The Warren Murder Trial   (Site not responding. Last check: 2007-11-03)
The trial for David A. Parker, who is accused of brutally killing Arthur "J.R." Warren, a fl, gay man in rural West Virginia, is to begin soon.
The gay panic defense has been used before in cases involving the killing of a gay man, including during the trial of Matthew Shepard’s killers.
He said he is not surprised at the gay panic defense being used.
www.glaad.org /publications/archive_detail.php?id=396   (340 words)

  
 Salon News | Gay panic lite   (Site not responding. Last check: 2007-11-03)
Aaron McKinney's lawyer sent his murder trial to the jury Tuesday morning with a gay panic lite defense, arguing that a sexual advance by Matthew Shepard triggered McKinney's murderous rage, which was aggravated by his drug abuse.
McKinney, 22, is charged with first-degree murder, aggravated robbery and kidnapping in the October 1998 bludgeoning of the 21-year-old gay college student.
The defense is fighting for a reduced conviction of second-degree murder or manslaughter to escape the death penalty
www.salon.com /news/feature/1999/11/02/shepard   (723 words)

  
 Judge rips defense for 'gay panic' argument   (Site not responding. Last check: 2007-11-03)
The "gay panic" or "homosexual panic" defense is built on a theory that a person with latent homosexual tendencies will have an uncontrollable, violent reaction when propositioned by a homosexual.
Voigt said the closest defense he could find in Wyoming law is the "battered woman" defense, for those who kill a spouse in self-defense.
Defense attorney Dion Custis denied he was using a "gay panic" defense.
www.thedailycamera.com /extra/shepard/28bshep.html   (502 words)

  
 Local: ‘Gay panic defense’ used in murder case
Experts familiar with gay-related murder cases have labeled the type of defense employed by attorney Shefferman as a "homosexual panic defense." Gay activists who monitor anti-gay violence say prosecutors sometimes have trouble responding to this type of defense.
In many cases, activists have said, defendants use the homosexual panic defense to conceal premeditated schemes aimed at gaining the trust of their gay victim by pretending they are gay.
Gay activists familiar with cases like these say the prosecutor often fails to obtain a conviction from a jury unless he or she convinces the jury that the defendant engaged in a scheme to mislead the victim into thinking the perpetrator was gay and was willing to engage in sexual relations.
tampabaycoalition.homestead.com /files/GayPanicDefensePriest.htm   (792 words)

  
 'Gay panic' defense in Araujo case
So goes a line of defense being advanced on behalf of two East Bay men charged with just such a crime against 17-year old Gwen Araujo, who was born Eddie but had identified as a female since puberty.
The term "gay panic" had its origins in decades-old research suggesting that certain men are terrified by their own latent homosexual tendencies -- prompting the theory that a gay advance might yank all those emotions out into the open and trigger an aggressive, even murderous, response.
But "gay panic" has developed a rather elastic definition, with some defense attorneys using it as catch-all characterization of a straight man's revulsion at being on the receiving end of a gay man's pass.
www.sfgate.com /cgi-bin/article.cgi?file=/chronicle/archive/2004/05/16/ING2U6KT251.DTL&type=printable   (1001 words)

  
 "Gay panic" defense is an excuse for bigotry (Mason)   (Site not responding. Last check: 2007-11-03)
This concept of gay panic seems to imply a temporary insanity situation, the very implication that put it in violation of Wyoming law.
Dobbs supports the use of the gay panic defense in death penalty cases.
Gay panic may be useful to the lawyers of Aaron McKinney, but it is an insult to the intelligence of all Americans.
www.stater.kent.edu /stories_old/99fall/tmm11499latestcolumn.html   (420 words)

  
 Gay News From 365Gay.com
Defense lawyers in the trials of her killers claimed their clients acted out of panic after having sex with the teen and then discovering she was born biologically male.
"The 'panic' defense all but invalidates this law by reducing sentences due to the hate the defendant had for his or her victim."
If successful, this panic strategy could have resulted in a conviction for the lesser charge of voluntary manslaughter, rather than first- or second-degree murder as was sought by the prosecution.
www.365gay.com /Newscon06/01/012706calPanic.htm   (407 words)

  
 Gay News From 365Gay.com
If passed it would prevent defense lawyers from arguing that the discovery of a victim's sexual orientation, gender, race or religion so enraged the defendant that they cannot be held fully accountable for their actions.
In Kentucky, a man who killed a gay man, stuffed his body in a suitcase and then threw it into a lake was found guilty of manslaughter rather than murder.
The prosecution had sought a murder conviction but the defense argued that Joshua Cottrell, 23, went into gay rage brought on by panic after Richie Phillips, 36, "came on to him" Cottrell could be eligible for parole in 30 months.
www.365gay.com /newscon05/03/030305panicDef.htm   (426 words)

  
 Salon News | McKinney guilty in Shepard murder   (Site not responding. Last check: 2007-11-03)
Fallout from McKinney's controversial gay panic defense was difficult to gauge, because of the complexity of the legal theories the jury was asked to consider, and the mixed verdict they returned.
"The cornerstone of the defense case was anti-gay prejudice." He was elated that the jury convicted McKinney of malice in spite of those elements.
He felt the malice conviction was inevitable, and the limited gay panic defense may well have swayed the jury away from the first degree premeditation conviction.
archive.salon.com /news/feature/1999/11/03/laramie   (830 words)

  
 [No title]   (Site not responding. Last check: 2007-11-03)
It's an issue that hits home for Howard, since the gay-panic defense was used in a murder case involving one of his employees.
"Gay panic is when a defendant says, 'I was justified in killing or hurting someone because that person made a gay pass at me,'" said Howard.
While it worked in Reed's case, a Fulton county jury rejected the defense in the baseball bat beating of a Morehouse College student.
www.11alive.com /news/news_article.aspx?storyid=59417   (346 words)

  
 Salon News | "Gay panic"   (Site not responding. Last check: 2007-11-03)
In an effort to keep their client from the death penalty, defense lawyers in the Matthew Shepard murder trial evoke a strange "gay panic" defense.
Several observers had predicted the defense team might resort to a "gay panic" defense later in the trial, if it could not convince the jury that drugs and alcohol diminished McKinney's ability to understand the severity of the crimes he committed.
Tangeman also outlined a defense based on the fact that McKinney was under the influence of methamphetamines and alcohol; the jury could return a lesser verdict of second-degree murder or manslaughter if they found that he was too intoxicated to clearly understand his actions.
www.salon.com /news/feature/1999/10/26/trial   (673 words)

  
 Facts about gay panic defense   (Site not responding. Last check: 2007-11-03)
The rationale behind the argument is that a person can become so offended or outraged by the sexual or romantic interest of a homosexual that he or she is driven temporarily insane and commits an act that would not otherwise be of his or her character (such as murder).
The defense is often criticized as being illogical, offensive, and based in ignorance.
The use of the defense was successful in securing a conviction of Aaron James McKinney for second-degree rather than first-degree murder, but its use enraged many residents of Laramie, Wyoming, where the crime took place.
www.portaljuice.com /gay_panic_defense.html   (265 words)

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