Essay about The Vs. Proposition : All States Should Adopt And Expand Law

Essay about The Vs. Proposition : All States Should Adopt And Expand Law

Length: 1141 words (3.3 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

V. PROPOSITION: ALL STATES SHOULD ADOPT AND EXPAND LAWS SIMILAR TO AB 2501
As with any laws, there are pros and cons to anti-panic defense legislation like AB 2501. However, the benefits of such laws outweigh the downsides. As supporters of California’s law articulated, allowing defendants to blame their violence on a victim’s sexual orientation or gender identity paints a picture that LGBT lives are less valuable than other peoples’, that their suffering is less tragic, and that to harm these individuals should not be punished as severely as other crimes. It shifts the blame from the defendant to the victim, trapping a jury into considering that perhaps the defendant’s actions were justified simply because of who the victim was or how they expressed themselves. Perhaps worst of all, it sends a message that LGBT individuals should accept and even expect this kind of violence towards them; that if they do not want to get hurt or murdered, they should hide their true identities.
Proponents of future anti-panic defense laws may base their support for such laws on several considerations. First and foremost, LGBT individuals have an argument that allowing the use of panic defenses violates their rights under the Equal Protection clause of the Fourteenth Amendment. As the Supreme Court cited in Romer v. Evans, “The guaranty of ‘equal protection of the laws is a pledge of the protection of equal laws.’” In Romer, the Court found that a Colorado amendment, proposing to prohibit all legislative or judicial action that would protect homosexuals from discrimination, did not pass rational basis review. The Court stated that the law was both too narrow and too broad, in that it “identif[ies] persons by a single trait and then den[i...


... middle of paper ...


...adopt anti-panic defense laws, those laws should apply in cases of murder and in less serious cases of physical or sexual assault.
One final argument for the passage of anti-panic defense laws is simply that the time has come. As the ABA stated in their Report, panic defenses are a product of a time when LGBT individuals were regularly seen as lesser and discriminated against. Unfortunately, that discrimination has not completely disappeared – but society has progressed, and these people have become much more accepted. With many states allowing same-sex marriage, and the Supreme Court even considering marriage equality cases this year, LGBT individuals are more accepted than they have ever been. It is high time our laws reflect that acceptance, and refusing to place blame on victims of assault or murder simply because of their LGBT status is a good start.





Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Substance Abuse Treatment and Proposition 36 Essay

- With California jails and prisons still struggling with finding a reform for non-violent drug offenders the states recidivism rates continue to reach unprecedented numbers. Between 1983 and 1998, drug admissions to state and federal prisons increased sixteen-fold, from over 10,000 drug admissions in 1983 to almost 167,000 new prison entries for drug offenses in 1998 (Worrall et al, 2009). This has been a direct result of our legal system incarcerating offenders who have substance abuse related issues instead of providing a way for treatment or rehabilitation outside of incarceration....   [tags: California Proposition 36]

Better Essays
1195 words (3.4 pages)

Essay about The Three Strikes Law Repeat Felony Offenders Penalties

- The Initiative I have chosen to talk about is the Three Strikes Law Repeat Felony Offenders Penalties, Proposition 36. This proposition was introduced on the November 6, 2012 ballot as an initiated state stature, where it was approved with a 69.30% standing in the state of CA. This proposition was set up to modify the elements in California’s “Three Strikes” Law, which was approved by the state’s voters in 1994 through proposition 184. There are 24 other states that have some form of the Three Strike type law in effect as of today....   [tags: proposition 36, sentences, offence]

Better Essays
1418 words (4.1 pages)

In Support of Proposition 83 Essay

- In Support of Proposition 83 "A rape or sexual assault occurs every two minutes. A child is abused every 35 seconds" (Schwarzenegger). Proposition 83, also known as Jessica's Law was made by the parents of Jessica Lunsford. "Five months ago, my daughter was taken from her bed, across the street, repeatedly raped for three days and then she was buried alive," said Mark Lunsford, Jessica's father. "These are not the kind of things that are supposed to happen to our children" (Comey). Yet, sadly these horrific things go on everyday....   [tags: Pedophilia Child Abuse ]

Free Essays
1503 words (4.3 pages)

Essay on The Fail of California's Proposition 19

- Cannabis, also known as Marijuana, has been used by humans throughout history for medical, recreational, as well as spiritual purposes. Its fiber, oil, and seed are also refined into products such as hemp oil, wax, rope, cloth, and paper (Agriculture and Agri-Food Canada, 2013). With 56% voters overwhelming supported for medical cannabis, California became the first state in the United States to pass Prop 215 in 1996 ensuring the patients and their primary caregivers to “have the right to obtain and use marijuana for medical purpose” (California Department of Public Health, 2013, Text of Law section, para....   [tags: Marijuana, Legalization, Cannabis]

Better Essays
1949 words (5.6 pages)

Against California Proposition 2 Essay

- In the November 2008 General Election, citizens of the state of California will be asked to consider many issues affecting the state as a whole. Out of the many propositions to be decided upon, Proposition Two has become one of particular interest. Currently, forty million animals are being raised on California farms for production of milk, dairy, cattle, and chickens: given these very large numbers and increased consumer awareness of current management practice, there has been an increase in concern for ethical treatment and welfare of livestock within the public....   [tags: Farm Management Animal]

Better Essays
1301 words (3.7 pages)

California's Proposition 8 Essay

- Proposition 8 was a piece of legislation formally called the California Marriage Protection Act which was an amendment to the Constitution of the State of California. The amendment was voted on and passed during the state elections of November 5th, 2008. The new legislation added to the constitution reads: “Only marriage between a man and a woman is valid or recognized in California.” The issue was prompted in May of 2008, when the California Supreme Court ruled that same sex couples had a right to marry one another according to the Equal Protection Clause of the Constitution of the United States....   [tags: Sexual Rights]

Better Essays
919 words (2.6 pages)

Essay on California’s Proposition 19

- Is California’s Proposition 19, “The Regulate, Control and Tax Cannabis Act of 2010,” reefer madness or reefer rationality. In recent years, many states across the nation have passed medical marijuana laws. California however, is preparing to take an even more progressive stance towards the substance and pass a bill that would outright legalize marijuana for recreational use. Proposition 19 would’ve make it lawful for any individual over the age of 21 to possess up to an ounce of cannabis, in a similar manner to alcohol....   [tags: argumentative essay]

Better Essays
2199 words (6.3 pages)

Against Proposition 69 and the DNA Fingerprint Act Essay

- Abstract: California’s Proposition 69 and the DNA Fingerprint Act both expand criminal DNA databases far beyond what is necessary to protect citizens and prosecute violent crime. DNA profiling techniques and databases have developed largely over the last fifteen years, and the recent expansions are only a part of an ongoing trend of ‘function creep’ that characterizes database expansion. Proposition 69 and the DNA Fingerprint Act expand DNA databases originally designed to house DNA samples from violent criminals to include samples from anyone arrested for a felony crime....   [tags: DNA Database Crime Criminals]

Better Essays
1711 words (4.9 pages)

Proposition 184 in California Essay

- Proposition 184 in California Last year in California voters approved a controversial ballot initiative. Proposition 184, also known as the three strikes and you're out law, was passed on November 9, 1994. Under this new legislation repeat offenders, upon committing their third felony offense, will be sentenced to a mandatory twenty-five years to life in prison(California 667). The initiative passed by a landslide, with 76% of the voters in favor of it. The State Senate soon after voted the bill into law, with only seven members voting against it....   [tags: Papers]

Free Essays
2677 words (7.6 pages)

Propostition 36 Essay

- Propostition 36 Where has our war on drugs gotten us thus far. Currently, nearly 500,000 Americans are incarcerated for drug law violations, a ten-fold increase in two decades. The overall inmate population has quadrupled to nearly 2 million arrests for drug law violations and continues to rise. The vast majority of these arrests are for simple possession. (Crime in The United States, Uniform Crime Reports, Bureau of Justice Statistics, 1999.) Personally, three convicted drug-users have shared their battle with addiction with me; the results of these conversations were far from optimistic....   [tags: Papers]

Better Essays
1203 words (3.4 pages)