Analysis of information sources in references of the Wikipedia article "Gay panic defense" in English language version.
The gay and trans panic defenses are rooted in antiquated ideas that homosexuality and gender nonconformity are mental illnesses (Lee, 2013).
An act to add Section 1127h to the Penal Code, relating to crime. [Approved by Governor September 28, 2006. Filed with Secretary of State September 28, 2006]
An act to amend Section 192 of the Penal Code, relating to manslaughter.
[Approved by Governor September 27, 2014. Filed with Secretary of State September 27, 2014.] [...]
SECTION 1. Section 192 of the Penal Code is amended to read:
192. Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(a) Voluntary—upon a sudden quarrel or heat of passion.
[...]
(f) (1) For purposes of determining sudden quarrel or heat of passion pursuant to subdivision (a), the provocation was not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship. Nothing in this section shall preclude the jury from considering all relevant facts to determine whether the defendant was in fact provoked for purposes of establishing subjective provocation.
(2) For purposes of this subdivision, "gender" includes a person's gender identity and gender-related appearance and behavior regardless of whether that appearance or behavior is associated with the person's gender as determined at birth.
SEC. 3. Section 1127h is added to the Penal Code, to read:
1127h. In any criminal trial or proceeding, upon the request of a party, the court shall instruct the jury substantially as follows:
"Do not let bias, sympathy, prejudice, or public opinion influence your decision. Bias includes bias against the victim or victims, witnesses, or defendant based upon his or her disability, gender, nationality, race or ethnicity, religion, gender identity, or sexual orientation."
SEC. 4. The Office of Emergency Services shall, to the extent funding becomes available for that purpose, develop practice materials for district attorneys' offices in the state. The materials, which shall be developed in consultation with knowledgeable community organizations and county officials, shall explain how panic strategies are used to encourage jurors to respond to societal bias against people based on actual or perceived disability, gender, including gender identity, nationality, race or ethnicity, religion, or sexual orientation and provide best practices for preventing bias from affecting the outcome of a trial.
The gay-panic defense is a specific type of provocation defense in which the defendant claims that the crime in question was the result of a sudden and intense passion provoked by the victim's unwanted same-gender sexual advance. It is primarily used by straight men claiming that they found the experience of an unwanted same-gender sexual advance so upsetting that they temporarily became enraged and lost control of their own behavior (Lee, 2008). Chen (2000) argues that the acceptance of a gay-panic defense implies acceptance of a nonviolent same-gender sexual advance as an adequate trigger to cause a person to fall into an uncontrollable state of panic. If jurors collectively agree that the reaction was reasonable, they can find the defendant guilty of a lesser offense, which often results in a lesser sentence (Lee, 2008).
The gay-panic defense is a specific type of provocation defense in which the defendant claims that the crime in question was the result of a sudden and intense passion provoked by the victim's unwanted same-gender sexual advance. It is primarily used by straight men claiming that they found the experience of an unwanted same-gender sexual advance so upsetting that they temporarily became enraged and lost control of their own behavior (Lee, 2008). Chen (2000) argues that the acceptance of a gay-panic defense implies acceptance of a nonviolent same-gender sexual advance as an adequate trigger to cause a person to fall into an uncontrollable state of panic. If jurors collectively agree that the reaction was reasonable, they can find the defendant guilty of a lesser offense, which often results in a lesser sentence (Lee, 2008).
The gay-panic defense is a specific type of provocation defense in which the defendant claims that the crime in question was the result of a sudden and intense passion provoked by the victim's unwanted same-gender sexual advance. It is primarily used by straight men claiming that they found the experience of an unwanted same-gender sexual advance so upsetting that they temporarily became enraged and lost control of their own behavior (Lee, 2008). Chen (2000) argues that the acceptance of a gay-panic defense implies acceptance of a nonviolent same-gender sexual advance as an adequate trigger to cause a person to fall into an uncontrollable state of panic. If jurors collectively agree that the reaction was reasonable, they can find the defendant guilty of a lesser offense, which often results in a lesser sentence (Lee, 2008).
The gay and trans panic defenses are rooted in antiquated ideas that homosexuality and gender nonconformity are mental illnesses (Lee, 2013).
SEC. 3. Section 1127h is added to the Penal Code, to read:
1127h. In any criminal trial or proceeding, upon the request of a party, the court shall instruct the jury substantially as follows:
"Do not let bias, sympathy, prejudice, or public opinion influence your decision. Bias includes bias against the victim or victims, witnesses, or defendant based upon his or her disability, gender, nationality, race or ethnicity, religion, gender identity, or sexual orientation."
SEC. 4. The Office of Emergency Services shall, to the extent funding becomes available for that purpose, develop practice materials for district attorneys' offices in the state. The materials, which shall be developed in consultation with knowledgeable community organizations and county officials, shall explain how panic strategies are used to encourage jurors to respond to societal bias against people based on actual or perceived disability, gender, including gender identity, nationality, race or ethnicity, religion, or sexual orientation and provide best practices for preventing bias from affecting the outcome of a trial.
The gay-panic defense is a specific type of provocation defense in which the defendant claims that the crime in question was the result of a sudden and intense passion provoked by the victim's unwanted same-gender sexual advance. It is primarily used by straight men claiming that they found the experience of an unwanted same-gender sexual advance so upsetting that they temporarily became enraged and lost control of their own behavior (Lee, 2008). Chen (2000) argues that the acceptance of a gay-panic defense implies acceptance of a nonviolent same-gender sexual advance as an adequate trigger to cause a person to fall into an uncontrollable state of panic. If jurors collectively agree that the reaction was reasonable, they can find the defendant guilty of a lesser offense, which often results in a lesser sentence (Lee, 2008).
