Here's an good, older (1995) Dressler article about the provocation defense (which I just learned about today in CrimLaw!). Is it an excuse or a justification or neither when a hetero guy kills a hopeful homo? Read it for yourself on Lexis or West:
When "HETEROSEXUAL" Men Kill "HOMOSEXUAL" Men: Reflections On Provocation Law, Sexual Advances, and the "REASONABLE MAN" Standard, 85 J. Crim. L. & Criminology 726.
Thursday, October 06, 2005
Subscribe to:
Post Comments (Atom)
1 comments:
Actually, that is not what I said. (For the record, I am a strong supporter of the Outlaws, served on the Journal of Homosexuality, and am an active supporter of gay rights.) The article draws an important legal distinction between justifiable and excuse forms of homicide. There is NEVER a good reason to assault anyone, most especially homophobic violence. The article made a different point! But, not enough space here to explain it.
Post a Comment