Friday October 6, 2006 SGN.org |
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Volume 34 Issue 40 |
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Wednesday, Dec 03, 2008
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Governor approves limits on use of 'Gay panic' defense |
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| Governor approves limits on use of 'Gay panic' defense | |
| SACRAMENTO, CA -- A bill authored by Assemblywoman Sally Lieber (D-San Jose), which limits the use of the 'Gay panic' defense, A.B. 1160, introduced as the Gwen Araujo Justice for Victims Act, was signed into law today by Governor Schwarzenegger. A.B. 1160 addresses the use of the so-called 'Gay panic' defense by criminal defendants in murder cases, and ensures that this strategy is not effective in justifying brutal crimes based on the victim's race, religion, sexual orientation, gender or other protected status.
'Gay panic' defense is a term used to describe a strategy or excuse employed by some murder defendants who argue that they did not intentionally kill their victim. Rather, the defendant asserts that he or she flew into such a rage upon learning for example that the victim was Gay or Transgender that the killing was actually the lesser offense of manslaughter. "This is a victory for fairness in our criminal justice system and a tribute to the courage of Gwen Araujo," said Assemblywoman Lieber. "Too many Californians live with the very real fear that they will be victimized simply because of who they are. Government should have as its first priority the protection of all its citizens," Lieber explained. "Making sure that our court system treats all Californians fairly, regardless of individual differences is essential." A.B. 1160 declares that it is against public policy for a defendant to play upon the bias of the jury, or for a jury to allow bias against the victim to enter into its decision-making. The bill revises the current California jury instruction regarding bias, to make clear to jurors that their verdict cannot be based on bias against the victim, defendant or witnesses. The bill also asks the Office of Emergency Services to incorporate training on the 'Gay panic' strategy into its existing trainings for prosecutors, to the extent funds are made available in the future for that purpose. A.B. 1160 was introduced in response to recent cases in California in which murder defendants have tried to lessen the charges against them by arguing that they acted in a panic after discovering that the victim was Gay or Transgender. The murder of Gwen Araujo in Newark , CA has focused national attention on the increasing use of 'Gay panic' by defendants in murder trials. Another such case is that of Estanislao Martinez, who was sentenced to the minimum possible sentence of 4 years in jail after pleading guilty to voluntary manslaughter in the stabbing death of Joel Robles in August of 2004. Robles, a Transgender Fresno resident, is reported to have been stabbed 20 times by Martinez . Martinez could have faced as many as 11 years in prison; however, legal experts believe use of the 'Gay panic' defense helped Martinez to get a reduced sentence. The Senate and Assembly approved the measure on party-line votes in August. Now that A.B. 1160 has been signed by the Governor, it will be chaptered into law as Chapter 550, Statutes of 2006. The bill will take effect on January 1, 2007. A Assemblywoman Sally Lieber press release |
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International Readers |
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