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!!!

d_ottr gave this response on 3/11/2000:

First of all, the presentation of any self-defense argument is rather complex. The individual would first have to articulate in court to the judge and jury that he/she was in fear for their very life, or at the very least serious bodily injury. This means that if you were being attacked by someone with a broom, it would be difficult to justify using a gun to defend yourself. Force is to be overcome with only that force necessary to overcome the force used against you. In this case, what weapons were presented against the defendant? Next, there should be some indication of no alternative method of avoiding the confromtation. Some believe that "a man's home is his castle," which may or may not hold up depending upon jury composition. In this case, the incident occurred in a public place. If a means of egress is available, a jury may well consider that rather than justifying the use of force. In Goetz's case, could he have fled, rather than take a stand? Or, prepare for the argument that because he had been victimized before, he was carrying out a personal vendetta against anonymous persons who reminded him of his previous attackers. For specific explanations on the justifiable use of force in New York, there should be refernece to it in the state's Criminal Code, and it usually preceeds the actual laws.

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