For those outside The Worst Forum in the World,someone posted a copy-paste of Jackrabbit's OP, and the thread was immediately invaded by LoveInVein, this time arguing that the Gay Panic Defense is okay because killing a guy in response to homosexual advances is not premeditated, and therefore not murder. I'm pretty sure that's wrong anyway, you could definitely make a case that it was still done with malice. Like I said above, if The Gay provokes a hysterical panic wherein you kill a guy, you're not fit to participate in mainstream society
Actually what he says makes perfect sense. Afterall if you were so offended by a gay man hitting on you that you went into a blind rage and murdered the person on the spot.. of course it wasn't premeditated murder (First Degree).
So yeah what he said is perfectly sensible. What isn't however is that he sort of misunderstood what the law is about.
I think what he is argueing against is for example "Hate crimes" where they will upgrade the severity of a crime just because of its basis ("Ohh you punched a minority because you hate them? well we are now going to punish you as if this was a severe life threatening assault") Which are also a weird law.
This law however isn't that but I don't understand it fully. In fact lets start with this.
What EXACTLY is the Gay Panic defense? Is it something that transforms second degree murder into Manslaughter? What is Australian Manslaughter?
I mean, if I was thrown into a blind rage and killed someone in Australia, would that be Manslaughter or Second Degree Murder?
(Also before anyone is offended, I should state that I prefer to understand before I condemn.)