The gay panic defense or homosexual advance defence is a strategy of legal defense, which refers to a situation in which a heterosexual individual charged with a violent crime against a homosexual individual claims they lost control and reacted violently because of an unwanted sexual advance that was made upon them. A defendant will use available legal defenses against assault and murder, with the aim of seeking an acquittal, a mitigated sentence, or a conviction of a lesser offense. A defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating.
Gwen Amber Rose Araujo was an American teenager who was murdered in Newark, California at the age of 17. She was murdered by four men, two of whom she had been sexually intimate with, who beat and strangled her after discovering that she was transgender. Two of the defendants were convicted of second-degree murder, but not the requested hate-crime enhancements to the charges. The other two defendants pleaded guilty or no-contest to voluntary manslaughter. In at least one of the trials, a "trans panic defense"—an extension of the gay panic defense—was employed.
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice. It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."
Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option. The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either voluntary or involuntary, depending on whether the accused has the required mens rea for murder.
A sucker punch, also known as a cheap shot, coward punch, king hit, one-punch attack or a “Judas” (Australian and New Zealand English), is a punch made without warning or while the recipient is distracted, allowing no time for preparation or defense on the part of the recipient. The term is generally used in situations where the way in which the punch has been delivered is considered unfair or unethical, and is done using deception or distraction, hence the term 'sucker' used to refer to the victim.
William Dwane Bell is a New Zealand triple murderer. He committed a triple murder on 8 December 2001 at the Panmure RSA, after they fired him. He committed the murders while out on parole for a previous aggravated robbery in which he almost killed a service station attendant. He had more than 100 prior criminal convictions, including theft, fraud, unlawful taking of motor vehicles, aggravated robbery, presenting a firearm, impersonating police, and assault. He was given a 30-year minimum non-parole life sentence, at the time the longest minimum non-parole period ever given out by New Zealand.
Sean W. Kennedy was a gay American man who was severely punched by a younger man, Stephen Andrew Moller as Kennedy was leaving a bar in Greenville, South Carolina. The punch was so hard that it shattered his facial bones and separated his brain from his brain stem. Kennedy died 17 hours later of his fatal injuries. This attack and Kennedy's death drew attention to South Carolina's lack of a hate crime law and is believed to have contributed to passage of the federal Hate Crime Prevention Act of 2009, for which his mother lobbied. Additionally, Moller served so little time "because of the lack of an applicable Violent Crime Law in South Carolina" at the time, according to the Judge, although this explanation was seen by the LGBT community as merely thinly veiled homophobia.
The Comanchero Motorcycle Club is an outlaw motorcycle gang in Australia and South East Asia. The Comancheros are participants in the United Motorcycle Council of NSW, which convened a conference in 2009 to address legislation aimed against the "bikie" clubs, their poor public image in the wake of several violent clashes and ongoing biker wars, and defusing deadly feuds such as the Comancheros' battles with the Hells Angels. The sincerity of these efforts to defend the battered image of the clubs has been met with skepticism.
Sara Thornton is a British woman who was sentenced to life imprisonment after being convicted of the 1989 murder of her violent and alcoholic husband, Malcolm Thornton. Thornton never denied the killing, but claimed it had been an accident during an argument. The prosecution at her trial argued that she had carried out the act for financial gain, and she was found guilty of murder.
Francesco Schettino is an Italian former shipmaster who commanded the cruise ship Costa Concordia when it struck an underwater rock and capsized off the Italian island of Giglio on 13 January 2012. Thirty-two passengers and crew died. In 2015, he was sentenced to sixteen years in prison for his role in the incident. He began serving his sentence in 2017 after exhausting his appeals.
This is a list of notable overturned convictions in Canada.
A group of vigilantes calling themselves "Muslim patrols" patrolled the streets in East London from 2013 to 2014. The individuals were young Sunni Muslim men, members of an organisation that called itself the "Shariah Project". Early in 2013, videos of their activities, filmed by members of the patrol, were uploaded online: these showed hooded members confronting passers-by and demanding that they behave in an Islamic way. They targeted prostitutes, people drinking alcohol, couples who were holding hands, women whom they considered to be dressed immodestly, and harassed others whom they perceived as being gay. Five men were arrested in January 2013 as part of an investigation into the gang. In December 2013, three of them pleaded guilty to affray, and were subsequently jailed.
Conrad Henri Roy III was an American man who died by suicide at the age of 18. His girlfriend, 17-year-old Michelle Carter, had encouraged him in text messages to kill himself.
Thomas Andreae Kelly was an eighteen-year-old male from Sydney, Australia, who was the victim of a random one-punch assault as he walked down Victoria Street in Kings Cross, New South Wales, on 7 July 2012. Kelly was taken to St. Vincent's Hospital with serious head injuries and remained in intensive care for two days. He never regained consciousness, and died at 7:59pm on 9 July 2012. His attacker, nineteen year old Kieran Loveridge, was charged and convicted of manslaughter in 2014.
Punch Coomaraswamy was a Singaporean judge, diplomat and politician who served as Speaker of the Parliament of Singapore between 1966 and 1970, and Singapore Ambassador to the United States between 1976 and 1984.
Derek Michael Chauvin is an American former police officer who murdered George Floyd, a 46-year-old African-American man, in Minneapolis, Minnesota. Chauvin was a member of the Minneapolis Police Department from 2001 to 2020.
