Handout #4 Terms

Question 1

Perfect self-defense

Answer 1

Negates a murder charge by demonstrating that the use of deadly force was based on a reasonable perception that deadly force was necessary to repel an imminent bodily injury of death or significant bodily injury.
-killings that are unnecessary or due to mistakes about the apparent danger are still justified under the law

Ex: thinking someone is using a gun but is actually a toy gun and defending your self would not be a crime

Question 2

Imperfect Self-defense

Answer 2

The Defendant believes that deadly force is necessary to protect himself, but the belief is unreasonable.

• A partial defense
• Some jx (New York) imperfect self-defense could be charged with murder

Question 3

People v. Goetz (New York)

Answer 3

Facts: Goetz on the train, boys ask for $5, he shoots all four, b/c of previous experience and b/c he thinks they will maim him

Procedure:

1) First grand jury only indicts Goetz on weapon charges
2) Prosecutor gets victims and witnesses to testify at the second grand jury
3) Second grand jury indicts Goetz on attempted murder
4) Goetz moved to dismiss attempted murder charges b/c of insufficient evidence, botched jury instructions, and later perjured testimony
5) trail court dismisses charges
6) Prosecutor interlocutory appeals to get charges back

Holding:
(Judge cheif WACHTLER) -Reversed the trial court, reinstated all counts

Analysis:

• Trail court erred when it was only subjective
• not fair to get off the hook just b/c you think it is reasonable (setting your own standard)

Question 4

People v. Goatz

Answer 4

Facts:
Goetz on the train, boy ask for $5, he shoots all four, b/c of previous experience and b/c he thinks he will get maimed

Procedure:
1st grand jury: Indicts Goetz on illegal gun possession BUT NOT for attempted murder
(Evidence: Video tape confession)

2nd grand jury: Indict Goetz on 4 counts of attempted murder charges and gun possession charges ( Evidence: (1) Canty and Ramseur Testimony before 2nd grand jury (2) four witnesses from subway car and (3) Goetz videotaped confession

Goetz moved to dismiss:
(1) Prosecutors intruction to grand jury misstated NY self-defense law and (2) the evidence failed to show probable cause
Side notes:
- While motion to dismiss was PENDING , one of the victims tells newspaper they were gonna rob him
-Police officer comes forward the day after the article comes out and confirmed

Goetz expands motion to dismiss to incliude charge of perjury

• Only a testifying witness can commit perjury
• Out of court statements did not affect validity of grand jury judgement

NY COurts of appeals(NY high court)

• no need for dismissal of charges in the second indictment
• Rejects perjury claim (Goetz relied on ppl v. Pelchant)
• Ample evidence apart from the the newspaper testimony
• Goetz confessed on video an there were other witnesses
• In ELchant the testimony was based on one officer’s testimony

Ny high court reversed Appellate division and ALLOWED attempted murder charges to go to trial

• No issues of double Jep b/c there has been NO TRAIL
• Appeal only pertained the validity of the indictment

Holding:
(Cheif Wachtler) -Reversed the trial court, reinstated all counts
-Prosecutor added an objective element to the subjective(which works) (reason to believe)
-Trail court erred when it was only subjective”Not fair to get off the hook b/c you think youre reasonable (setting your own standard)
-Not perjury, only hearsay and there was other evidence

Question 5

Why would such a trail NOT violate Double Jeopardy?

Answer 5

Goetz was never fully convicted for the charges b/c the case was still in pre-trail phase. Now the burden of persuasion is now on the People to convict Goetz attempted murder

Question 6

Tainted testimony: What is that issue and how was it ultimately resolved?

Answer 6

Canty and Ramseur made claims in the Newspaper stating that the victims intended to rob Goetz, BUT it was all hearsay and out-of-court statements did not affect the validity of the indictment/

Question 7

Citing a dissenting opinon from below: Cheif Wachlter cites to Justice Asch and Wallach. What exactly do such cites likely tell?

Answer 7

The “tell” indicates that we are about to read a (dissent) reversal, cites to the lower courts to show agreeance and that the new majority is going to reverse the majority of the lower courts.

Question 8

When can one kill in self-defense?

Answer 8

NY penal laws and MPC are similar but it includes robbery/attempted robbery . MPC does not explicitly state robbery as a self defense

Question 9

Subjective & Objective self defense standards

Answer 9

(a) How was the NY test subjective?
- NY penal law changed the language from “reasonable grounds” to “reasonably believes”, Thus Goetz viewed this as a subjective perspective. The argument was denied because it is both subjective and objective.

(b) Does the MPC recognize imperfect defense?
- MPC recognizes “imperfect” self-defense as manslaughter.
- A negligent belief would be negligent homicide and a reckless belief would be manslaughter

(c) Does NY recongize “imperfect” self-defense?
- NO. Imperfect=Murder, unless, (1)reasonably believes other person is gonna use deadly force (2) attempted kidnapping, rape, sodomy, robbery

(d) How is NY law of self-defense subjective?
- Subjective factors: (1) prior experiences(2) physical movements (3) Knowledge of victims (4) physical attributes of all people involved
- Objective: What an ordinary person would do in that situation