The California Assembly late Thursday passed legislation to limit the use of the so-called gay panic defense.

If a defense attorney attempted to use the argument that a client committed a crime out of panic because the victim were gay or trans a judge would be required to instruct the jury that the use of societal bias, including so-called "panic strategies," to influence the proceedings of a criminal trial is inconsistent with the public policy of the State of California.

The Gwen Araujo Justice for Victims Act passed the Assembly on a  45-32 vote along party lines. Two members did not vote and 1 member was absent. The bill now moves to the Senate.

Araujo was a transgender teenager from Newark, Calif., who was attacked and killed in 2002. 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 Assembly bill was authored by Assemblywoman Sally J. Lieber (D-San Jose).

"This is a critical step forward in the effort to rid our courtrooms of bias," said Lieber following the vote. "We must ensure that California's criminal justice system treats all victims equally."

LGBT rights groups which had fought for the legislation hailed its passage in the Assembly.

"California has a powerful law that enhances the penalties of criminals who commit hate crimes," said Geoffrey Kors the Executive Director of Equality California.

"The 'panic' defense all but invalidates this law by reducing sentences due to the hate the defendant had for his or her victim."

The Araujo trials focused national attention on the increasing use of the "panic strategy" by defendants in murder trials.

via 365gay.com

This entry was posted on Friday, January 27, 2006 at 12:00 PM. Want to discuss? Leave a comment below.