Journal article
Constitutional Analysis of AB 1160: Validity of Due Process Challenges to Legislation Elimination Gay and Trans Panic Defenses in California
02 Feb 2005
Abstract
Would a statute that defined sufficient provocation for "sudden quarrel" or "heat of passion" to exclude gay and trans panic defenses violate defendants' due process rights? No. In determining whether such a statute violated a defendants' due process rights, a court would follow the U.S. Supreme Court's reasoning in Montana v. Egelhoff, 518 U.S. 37 (1996), which upheld a Montana statute prohibiting consideration of a defendant's voluntary intoxication in determining the mens rea element of any criminal offense.
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Details
- Title
- Constitutional Analysis of AB 1160: Validity of Due Process Challenges to Legislation Elimination Gay and Trans Panic Defenses in California
- Creators
- Brad SearsElizabeth Kukura
- Publisher
- eScholarship, University of California
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991021862258704721