Anonymous asked this question on 3/10/2000:

In dock law, were doing mach trials, and I'm a lawyer on the defense of Bernhard H. Goetz. Do any of you Know how I could play the self defense card (using the fact that he had two prior muggings and was a scawny little man) and the laws involved? email me @ baby_bare_8@yahoo.com. Thanks!!!

clarka gave this response on 3/23/2000:

As I recall the case, Goetz was in a subway car in New York with three youths who demanded money from him. One of them was holding a screwdriver. Goetz drew an illegally carried pistol and shot all three of them, none fatally. The youths later claimed that they were begging for money.

Self defense is generally based on "reasonable person, reasonable fear." Would a hypothetical reasonable person (and you should as defense counsel be trying to get the jurors to imagine themselves in Goetz's position) have used the means Goetz did to defend himself?

If Goetz could not escape and believed himself in imminent danger of being severely injured or killed, the law is clear in most states that he acted properly. If Goetz could escape or a reasonable person would not believe themselves to be in such imminent danger, Goetz did not act properly and is guilty as charged. In either case he is guilty of the weapons violation, which can be used against him as evidence of intent.

As in most criminal cases the Goetz case boils down to "who do you believe?" Did Goetz believe himself to be in fear of his life? There the "scrawny little guy" argument bears fruit. Best of luck to you.

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