Gay panic defense alive and well?!

lonewolf678's picture

:|

I'm not sure what disgusted me more, the murder or the comments section.

jeff's picture

Yeah...

I hear the comments are horrible, but I can't get them to load at work.

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"Why be given a body if you have to keep it locked up in a case like a rare, rare fiddle?" - Katherine Mansfield

MacAvity's picture

The part that disturbs me

The part that disturbs me most is that the murderer was only fourteen years old...

And 'voluntary manslaughter'? Is that even a thing? I thought the definition of manslaughter was that the death was unintentional... This was murder.

jeff's picture

Usually...

There are three degrees of murder, and voluntary/involuntary manslaughter.

The definitions vary slightly from state to state, I believe.
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"Why be given a body if you have to keep it locked up in a case like a rare, rare fiddle?" - Katherine Mansfield

ferrets's picture

voluntary mansluaghter...

"Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion", under circumstances that would cause a reasonable person to become emotionally or mentally disturbed"

-wikipedia
i hope your not one of those people who hates even the mention of wikipedia...

"A loving man and woman in a committed relationship can marry. Dogs, no matter what their relationship, are not allowed to marry. How should society treat gays and lesbians in committed relationships? As dogs or as humans?"

MacAvity's picture

Okay...

That sounds like murder that isn't premeditated. So then why bother putting the 'premeditated' in front of 'premeditated murder' if it gets some different fancy non-murderous name if it's not premeditated? (Sounds like this one was premeditated, in any case...)

And no, I fully approve of Wikipedia. Great resource; can't see what anybody's got against it.

jeff's picture

Well...

When you bring a gun to school *after* the incident occurred, seems like the heat is over, no? And that you intend to use it?

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"Why be given a body if you have to keep it locked up in a case like a rare, rare fiddle?" - Katherine Mansfield

ferrets's picture

this logic...

it is so broken. it reminds me of how sometimes rapists will get off from charges becuase the woman was dressed a certain way. its things like this that make me want to go into the woods and just live there.

"A loving man and woman in a committed relationship can marry. Dogs, no matter what their relationship, are not allowed to marry. How should society treat gays and lesbians in committed relationships? As dogs or as humans?"

Uncertain's picture

Hm...

Looks like a pretty dodgy jury to me. In any other case that kid would be guilty of murder. I agree with Jeff, bringing a gun to school after a cooling-off period definitely amounts to premeditation - hence murder.

You can have the mens rea for murder but there are still two ways of reducing that to (voluntary) manslaughter, the first is infanticide and the second is provocation.

And the sad thing is, the difference between the provocation defence and hate crime is really just the law. It's disgusting how something that should be an aggravating factor can end up being a defence. This is why some jurisdictions (like New Zealand) have abolished the provocation defence.

There is only one other situation which I can think of where a 'cooling-off period' can still amount to a defence, and that's battered women's syndrome where abused women premeditate and kill their husbands. Yet that seems awfully different from what we have here.