- cross-posted to:
- globalnews@lemmy.zip
- cross-posted to:
- globalnews@lemmy.zip
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
What "risks" are they talking about?
Hate crimes.
and 
cannot resist the temptation of committing hate crimes, and the pleasure they get from making innocents suffer.
I don't know what these things are. Are you suggesting that there's an exception for crimes committed against these people?
by the police? absolutely
Police don't need exceptions for anyone.
the police are the exception
So then we agree this is nothing to do with 2SLGBTQI+ people?
the relevant states have made a legal push to criminalize being queer in public
Removed by mod
Total exceptions? No. But many states still allow people to get reduced sentences via the gay panic defense for killing LGBTQ people. That, and some politicians are encouraging hate crimes against them with hateful rhetoric about them being "groomers" and whatnot.
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.
gAy PaNiC is never legitimate.
Tell that to the jury. What are you expecting to happen?
Wow, it is almost like a place where juries let people off on the gay panic defense is a place that is unsafe to be as a trans person.
weird how "gay panic" is a defense allowed by the courts, but an appeal to jury nullification is not.
Do other countries not have juries?
I'll tell em you're gay and I panicked
If you don't have any interest in a good faith discussion, you can just go ahead and stop replying to me please.
the state, inside and outside courtrooms, to shut down hate crimes.
Well that's a very easy thing to say but I'm afraid you're going to have to be more specific.
You need to learn that whether something is explicit or not doesn't matter as much as what is happening in effect.
But that "effect" has nothing to do with the US...
Yes, because no jury members live in the US corporate media ecosystem which pushes vile transphobia constantly with the support of the US government.
There are no jury members outside the US? That's your position?
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.
But it's not a valid legal defense. You cannot ban a lawyer from putting it forward as a legal defense.
Except you actually can, and many states have
Show me, please
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.
There literally is in most states, depending on the judge:
https://en.m.wikipedia.org/wiki/Gay_panic_defense
There literally is not. That's a legal defense that lawyers use. It doesn't instantly exonerate the crime.
To treat it as a valid legal defense is an abomination and judges have countless times ruled in favor of the perpetrator on just the basis of that defense.
That's not a legal exception, that's just a corrupt judge. Do you not have those in Canada?
Do you understand how precedent works in the US court system? I mean, I fully agree that US judges and laws are corrupt, but it doesn't change the fact that those laws and judges are still upheld by the state
Yes I understand. I asked a question, would you like to answer it? Did you not notice that people use this same defense in other countries?