this post was submitted on 30 Aug 2023
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[–] cynetri@midwest.social 27 points 2 years ago (1 children)

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.

[–] HughJanus@lemmy.ml -1 points 2 years ago (3 children)

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.

[–] ShimmeringKoi@hexbear.net 27 points 2 years ago (1 children)

gAy PaNiC is never legitimate.

[–] HughJanus@lemmy.ml 0 points 2 years ago (3 children)

Tell that to the jury. What are you expecting to happen?

[–] ThereRisesARedStar@hexbear.net 33 points 2 years ago (2 children)

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.

[–] came_apart_at_Kmart@hexbear.net 21 points 2 years ago (1 children)

weird how "gay panic" is a defense allowed by the courts, but an appeal to jury nullification is not.

[–] HughJanus@lemmy.ml 0 points 2 years ago (2 children)

Do other countries not have juries?

[–] ThereRisesARedStar@hexbear.net 22 points 2 years ago

Are other countries juries exposed to our media ecosystem (in the same way) which the US government supports and which pushes vile transphobia constantly?

[–] GarbageShoot@hexbear.net 13 points 2 years ago

Some other countries (and just a couple US states) explicitly ban the gay panic defense.

[–] ShimmeringKoi@hexbear.net 22 points 2 years ago (1 children)

I'll tell em you're gay and I panickededgeworth-shrug

[–] HughJanus@lemmy.ml 0 points 2 years ago (2 children)

If you don't have any interest in a good faith discussion, you can just go ahead and stop replying to me please.

[–] silent_water@hexbear.net 20 points 2 years ago

good faith is being obtuse very-intelligent

[–] ShimmeringKoi@hexbear.net 17 points 2 years ago

Good faith? I'm sorry, could you be more specific? What do you mean?

[–] silent_water@hexbear.net 17 points 2 years ago (1 children)

the state, inside and outside courtrooms, to shut down hate crimes.

[–] HughJanus@lemmy.ml 0 points 2 years ago (1 children)

Well that's a very easy thing to say but I'm afraid you're going to have to be more specific.

[–] silent_water@hexbear.net 19 points 2 years ago (1 children)

funny how we can defend property through a system of laws and enforcement but that's not specific enough to stop hate crimes

[–] HughJanus@lemmy.ml 1 points 2 years ago (1 children)

Okay so you don't know then? It's ok to just say that.

[–] silent_water@hexbear.net 16 points 2 years ago (1 children)

don't know what? laws that criminalize being queer should be stricken from the books and the people who do hate crimes should be punished. both of those elements are being rolled back in the US and you're being obtuse.

[–] HughJanus@lemmy.ml -1 points 2 years ago (2 children)

laws that criminalize being queer should be stricken from the books

There are no such laws in existence in this country.

[–] ThereRisesARedStar@hexbear.net 17 points 2 years ago

Meanwhile in reality, there is still plenty of shit on the books that will be enforced again if the conservative Supreme Court changes precedent and new laws are being passed with the ultimate goal of exterminating trans people.

[–] ThereRisesARedStar@hexbear.net 21 points 2 years ago (1 children)

You need to learn that whether something is explicit or not doesn't matter as much as what is happening in effect.

[–] HughJanus@lemmy.ml -1 points 2 years ago* (last edited 2 years ago) (1 children)

But that "effect" has nothing to do with the US...

[–] ThereRisesARedStar@hexbear.net 18 points 2 years ago (1 children)

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

[–] HughJanus@lemmy.ml 0 points 2 years ago (2 children)

There are no jury members outside the US? That's your position?

[–] ThereRisesARedStar@hexbear.net 18 points 2 years ago* (last edited 2 years ago) (1 children)

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 -1 points 2 years ago (2 children)

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@hexbear.net 18 points 2 years ago (1 children)

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

[–] ThereRisesARedStar@hexbear.net 14 points 2 years ago

Coming to the same conclusion.

[–] ThereRisesARedStar@hexbear.net 12 points 2 years ago* (last edited 2 years ago) (1 children)

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 -1 points 2 years ago (1 children)

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

[–] ThereRisesARedStar@hexbear.net 14 points 2 years ago (2 children)

This?

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

This is lies?

Are you a naive or just willfully ignorant about how the US media apparatus works?

[–] silent_water@hexbear.net 18 points 2 years ago (1 children)

they're a bigot pulling debate pervert shit to mask their bigotry

[–] ThereRisesARedStar@hexbear.net 15 points 2 years ago

Absolutely, yeah

[–] HughJanus@lemmy.ml 0 points 2 years ago (2 children)

That's clearly not what I was referring to. I don't engage with bad faith actors. Goodbye.

[–] silent_water@hexbear.net 16 points 2 years ago

engages in bad faith I don't engage with bad faith actors berdly-smug

[–] ThereRisesARedStar@hexbear.net 14 points 2 years ago* (last edited 2 years ago)

Kay snowflake. Rather you leave than keep being hysterical about something that doesn't affect you and that you know nothing about.

[–] cynetri@midwest.social 10 points 2 years ago* (last edited 2 years ago) (1 children)

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 0 points 2 years ago (2 children)

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

[–] cynetri@midwest.social 13 points 2 years ago (1 children)

Except you actually can, and many states have

[–] HughJanus@lemmy.ml 1 points 2 years ago* (last edited 2 years ago)

Show me, please

[–] GarbageShoot@hexbear.net 11 points 2 years 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.