- People v Goetz- Goetz was riding the subway in Union Square along with 4 young men. One of them, possibly with another by his side, went up to Goetz and asked him for 5 dollars. Goetz, illegally carrying a 38 caliber gun stood up and shot at the two boys in front of him as they tried to run away and then proceeded to fire at the other two who had not approached him. ∆ guilty…
- A person is justified in the use of deadly force if, objectively, a reasonable man would in his position believe he was in danger of life or physical being.
- MPC 3.04(2)(b) deadly force is justifiable if the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping, or sexual intercourse compelled by force or threat…
- The fact that Goetz feared maiming fits this part of the structure
- But the statute requires that deadly force is necessary to avoid harm, not to punish someone; you need to be defending yourself
- The thing that is most troubling is the 5th shot when he shoots the boy
- May be convicted of murder if the first shot is self defense and the 2nd isn’t
- Not just including deadly force
- Was his reaction reasonable???
- §35.15 (2)(a) he reasonably believes that such other person is using or about to use deadly force
- “reasonable man” or “reasonable to him”
- MPC §3.04 (1) believes that such force is immediately necessary…
- MPC §3.09(1)(a)
- If you belief is reckless or negligent you are not guilty necessarily of murder but may be guilty of manslaughter
- A purely subjective test, but we are going to put you on the hook for recklessness and negligence in forming that belief but only for a crime or recklessness or negligence
- This not the case in the NY Penal Code he would be guilty of murder if actor is guilty of murder
- 3rd possibility- imperfect self defense- if you kill in self defense and you are unreasonably incorrect you can use this defense which like provocation reduces murder to manslaughter
- Very similar to MPC, but you don’t have to be negligently or recklessly unreasonable
- As w/ provocation you don’t want to encourage dangerous tendencies including hot-temperedness. Don’t allow the factors that one can control.
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Friday, September 14, 2012
People v. Goetz case brief
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