Panic Defense
Criminal
Gay Panic Defenses Still Matter
Even when a judge explicitly rejects the defense team's effort to employ gay panic strategies, defendants are still able to take the stand and talk about how they felt. Gay panic can still end up being part of a trial in subtle and less subtle ways. One argument against banning the gay panic defense is that even with a ban in place, the defendant has the right to testify. And if the jury is inclined to sympathize with the defendant, they are likely to find in his favor,. or they can find in his favour, even if a ban is in place.
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