June 11, 2008

The Lawrence King Murder: Arraignment on Thursday

Posted at 2:35 pm (Pacific Time)

Last February 12, Lawrence King, a 15-year old 8th grader, was murdered at his middle school in Oxnard.

He was in the school’s computer lab when 14-year old Brandon McInerney walked in and shot him at least twice in the head. King was unconscious when he was brought to the hospital and was declared brain dead the next day. He was taken off life support on February 14.

King had publicly come out as gay in the weeks before his murder, and he frequently violated gender roles by wearing make-up and jewelry to school. He was regularly teased by a group of male students that included McInerney. By some accounts, King teased and flirted with McInerney and some of his other tormentors.

McInerney is scheduled to be arraigned tomorrow in Ventura County on a charge of premeditated murder. The charge includes a penalty enhancement because the murder has been classified as a hate crime.

Among the issues likely to be raised in McInerney’s arraignment and trial are:

  • Whether he should be tried as a juvenile or, as Ventura County prosecutors intend, as an adult. He turned 14 — the minimum age at which a juvenile in California can be tried as an adult — on January 24, just weeks before the murder. In April, a coalition of 27 sexual minority and transgender rights groups urged that McInerney be tried in juvenile court.
  • Whether the Court will consider neuroscience data suggesting that adolescents engage in impulsive behavior because their brains have not completely matured. According to the Ventura County Star, McInerney’s defense attorney hopes to use such research to argue that he should be tried as a juvenile.
  • Whether school officials are partially to blame for not having dealt more proactively with the tensions between the two boys. This argument will almost certainly include assertions that Lawrence King should have been deterred from violating gender norms and being openly gay. This, in turn, is likely to spark discussion about the rights of sexual minority and gender-nonconforming youth to be safe in their schools.

It seems less likely that the trial will address broader questions about sexual stigma, which creates a cultural climate in which children, adolescents, and adults are routinely subjected to harassment and bullying if they violate conventions of gender and sexuality. That climate affects everyone, regardless of their own sexual orientation, because anyone can potentially be perceived as nonheterosexual. The wish to avoid being labeled as gay can lead individuals to enact sexual stigma against others through ostracism, ridicule, discrimination, and even violence.

Dr. Karen Franklin, one of the few researchers to have published original data on antigay behaviors and the perpetrators of antigay crimes, has posted an excellent discussion of these and other aspects of the case on her forensic psychology blog.

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