Criminology: A Closing Statement -1984 Bernhard Goetz case
In support of the prosecutor, the attorney representing that State of NY, and after the review of the case, Bernhard Goetz is guilty.
The Summary of the Law
In the United Stairs of America, a general rule is that an individual is privileged to use the force a reasonable enough to defend from apparent threats related to immediate violence (La Fond, 1982). However, using these forces is limited to only considerably imminent, immediate, and unlawful physical harm. The use of deadly effects upon those attacking the victim as self-defense must also be reasonable; this entails that deadly force is necessary for inflicting pain to the attackers and when there is no obligation to retreat. Further, the initial aggressor (the four victims in the case) can not claim self-defense unless the aggressive uses deadly force (which can cause death or permanent damage).
Following the case of State of Louisiana v. William J. LEWIs (1998) and Katko v. Briney – 183 N.W.2d 657 (Iowa 1971) an individual can only use deadly force when there are is reasonable harm to them, and the aggressor does not seem to retreat (La Fond, 1982). Further, the victim of the circumstance can file a lawsuit against those who used deadly force if they are left with permanent damage or cases of death.
Summary of the Evidence
The defendant revealed that there was another case in the subway in 19812, where he was attacked, and three assailants were not prosecuted. Goetz confessed that he always was infuriated with a lack of prosecution, and that was the reason as to why he decided to carry a gun. Further, Goetz says that he could tell that they would harm him from their looks, smirking at him, and approaching him (YouTube [Eyewitness News ABC7NY], n.d.). Following the past incidence and confrontation with other attackers in the past, Goetz was angry with such related encounters.
Further, Goetz failed to report to the police in the first days since he was afraid he overreacted and used deadly force (YouTube [Bloodybunny], n.d.). The told Caby, who was cowering fearfully on the ground after being shot, still needed another shot. The victim was severely injured after a shooting on his spinal cord and lead to permanent injury. Caby was not in a position to attack Goetz, and Goetz was sure that the aggressor could not pose any threat to them again but continued to use extra force.
Others’ Arguments
Goetz’s lawyers argued that the four assailants did not only ask for $5, but they tried to rob him, and he acted on self-defense (YouTube [Eyewitness News ABC7NY], n.d.). The four men were panhandling Goetz, and he was terrified and needed to get out of the confrontation without any harm.
Restating
The ruling the court was unjust since the defendant used deadly force contrary to the common law of self dense. Caby seemed harmless after the first shot, but Goetz continues to cause more harm to the victim. This reflects Goetz’s earlier confrontation with a gang member who does not get prosecuted after being taken to court. Further, he took the law into his own hands and unlawfully carried weapons, which he used out of infuriation.
References
YouTube-reel black. (n.d.). The Confessions of Bernhard Goetz (1987) | NYC Subway Shooter. Retrieved from https://youtu.be/DNu2EtHUO0w
YouTube [Eyewitness News ABC7NY]. (n.d.). The Subway Vigilante: Bernard Goetz and the case that divided a crime-ridden New York. Retrieved from https://youtu.be/tbViU73txB0
YouTube [Bloodybunny]. (n.d.). News 4 New York (WNBC-TV) December 22, 1984, Subway Vigilante Bernhard Goetz. https://youtu.be/6630805FPM0
