cross-posted from: https://lemmy.zip/post/2089998

Archived version: https://archive.ph/X5D30
Archived version: https://web.archive.org/web/20230830081318/https://www.bbc.com/news/world-us-canada-66654134

  • HughJanus@lemmy.ml
    ·
    10 months ago

    But many states still allow people to get reduced sentences via the gay panic defense for killing LGBTQ people.

    You say that like it's explicitly allowed by the state. It isn't. It's a legal defense lawyers use in court. Whether or not it's legitimate is determined by a jury.

        • ThereRisesARedStar [she/her, they/them]
          ·
          10 months ago

          Yes, because no jury members live in the US corporate media ecosystem which pushes vile transphobia constantly with the support of the US government.

            • ThereRisesARedStar [she/her, they/them]
              ·
              edit-2
              10 months ago

              smuglord

              You aren't able to read a one sentence reply? Is that your position?

              Or is it that you dont want to engage with the content and are just saying bullshit instead of being thoughtful?

              • HughJanus@lemmy.ml
                ·
                10 months ago

                You aren't able to read a one sentence reply?

                Not only am I able, but I did. Anything else you'd like to fabricate about me?

                • silent_water [she/her]
                  ·
                  10 months ago

                  I'm somewhere in between "you can't read" and "you're a debate pervert". I decided to settle at "it's both".

                • ThereRisesARedStar [she/her, they/them]
                  ·
                  edit-2
                  10 months ago

                  Well, you sure didn't act like it based on your previous response, and you still haven't responded to the sentence meaningfully, so.., the latter then?

                  Do you just not want to engage with the content?

                  • HughJanus@lemmy.ml
                    ·
                    10 months ago

                    I didn't respond meaningfully because the reply was not meaningful. It was just fabricated lies.

    • Cynetri (he/any)@midwest.social
      ·
      edit-2
      10 months ago

      You say that like it's explicitly allowed by the state.

      It is. Keeping it a valid legal defense is a policy choice. Some states banned it, they chose to. Other states have not, they decided not to. That's politics.

      • HughJanus@lemmy.ml
        ·
        10 months ago

        But it's not a valid legal defense. You cannot ban a lawyer from putting it forward as a legal defense.

        • GarbageShoot [he/him]
          ·
          10 months ago

          You literally can, just like any number of other valid bases for objections to arguments put forward. If the judge rules it to be such a defense, it would be struck from the record and the jury instructed to disregard it, and if the lawyer keeps on it, they would be held in contempt of court. Furthermore, if it is plainly a case of such a defense and the judge lets it fly, the prosecution can claim mistrial.

          Perhaps there are other ways of banning it, but that is the obvious one in the American framework.