Skip to main content
Download PDF
- Main
Constitutional Analysis of AB 1160: Validity of Due Process Challenges to Legislation Elimination Gay and Trans Panic Defenses in California
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.
Main Content
For improved accessibility of PDF content, download the file to your device.
Enter the password to open this PDF file:
File name:
-
File size:
-
Title:
-
Author:
-
Subject:
-
Keywords:
-
Creation Date:
-
Modification Date:
-
Creator:
-
PDF Producer:
-
PDF Version:
-
Page Count:
-
Page Size:
-
Fast Web View:
-
Preparing document for printing…
0%