People v. Goetz

As you read Goetz, consider the following questions:

1. What crime was Goetz charged with? What happened in the lower court? How did the lower court interpret “reasonably believes” in NYPL § 35.15(1)? Who is appealing and what is the argument on appeal? How does the Court of Appeals interpret “reasonably believes”?
2. What are the facts of Goetz? On what does Goetz base his claim of self-defense?
3. Do you believe that Goetz’s belief in the need to use self-defense was reasonable for someone in Goetz’s situation? What facts and factors should be considered part of Goetz’s “situation”?
4. Does the MPC apply an objective or a subjective standard in evaluating the reasonableness of the defendant’s belief in the need to use self-defense? Before answering that question, be sure to review MPC § 3.09(2). To help you understand this issue, consider the following hypothetical: D sees V walking through a residential neighborhood wearing a hoodie. Believing that V is a burglar who is about to break into a home, D shoots V, killing him. It turns out that V was simply walking home from a convenience store. Is D’s belief that V was about to commit a burglary reasonable? If not, what crime would D be guilty of under the NYPL? By contrast, what crime would D be guilty of under the MPC?
5. Should the race of the defendant and the race of the victim be considered as part of the “situation” when evaluating reasonableness? Why or why not? Do you think Goetz was racist? Should that matter?
6. Regardless of the particular definition of self-defense law in New York, do you think Bernhard Goetz should have been convicted of attempted murder? Why?