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Ban on LGBTQ 'panic' defense nears in Virginia


Ivy

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That's great news.  Danica is doing a tremendous job.  Someday, hopefully, she'll be in Congress.  Thanks for posting, @Jandi

 

Carolyn Marie

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And if you are not familiar with Virginia, Manassas where she represents has been a deeply red/redneck area. Her winning that seat was amazing. The area is slowly changing to purple/blue but I just can't believe she won there.

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  • 2 months later...
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That's very good. I looked that up for a friend the other day and a really, really depressingly large number of states in the US still allow this. The whole "panic defense" needs to go away.

 

Hugs!

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Very interesting story.  Not being formally educated in jurisprudence I'm wondering if there could be constitutional challenges to laws which ban a particular defense?  In laymen's terms, does a "defense" to a crime really constitute anything but an "excuse" for the criminal behavior in question?  I would think that any excuse which is offered would have to be deliberated upon by a judge or jury, in the respect that no particular excuse offered in defense automatically convicts or acquits a defendant, either in trial court or a grand jury.

 

Also, I'm wondering how such bans might somehow affect the whole notion of charging someone "second degree murder?"  In the case of a "panic defense", would such laws negatively impact the State's ability to secure a guilty plea, or a defendant's willingness to make a guilty plea?

 

i saw this thread & found it interesting.  That's my defense for this post, I'm sticking to it!?

 

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The American Bar Association has considered "Panic Defenses" of any stripe (and they have existed on racial, religious, and Sexism lines as well as LGBTQ people) to be unethical for their members to use on behalf of clients for many years.  These prohibitions on use of a particular defense strategy based on a victim's race, religion, gender or sexual orientation is strictly a matter of State Law which is decided ultimately by each State's Supreme Court based on other statutes and the State Constitutions.  A letter or on-line query to your local Bar Association or even State Attorney General will get you their opinion on how such laws would affect citizens in your state and locality.  If your county has a Law Library, the librarian can direct you to the important references on the matter. 

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Being scared, enraged or upset at someone's being different should never be grounds for murder or other felonious act.  Its is remarkable that any state can uphold such an affront to decency.  I'm glad to see Virginia has enacted this law.

 

Hugs,

 

Charlize

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