The Double Bind: Unequal Treatment for Homosexuals Within the American Legal Framework

Abstract

This Note will explore the problem of unequal justice for homosexuals by focusing on jury bias. Part I discusses the current social perceptions of homosexuality and the psychology of jury bias, and how the two can affect the treatment of homosexuals within our justice system. In Part II, this Note discusses how rape shield statutes can affect homosexual victims and defendants in rape and sexual assault cases differently than their heterosexual counterparts. Part III examines the use of the homosexual advance defense as mitigation for murdering a homosexual victim. Part IV then discusses how to deal with our current jury bias and whether there should be voir dire into jurors' sexuality or views on homosexuality. Finally, this Note argues that unequal justice for homosexuals within our justice system is created by allowing jury bias to prevail and that utilizing voir dire to ascertain jury views about homosexuality may be the best hope in combating this injustice.