Америкалық қылмыстық іс: Гоетц ісінің тарихы

American criminal case

People v. Goetz, 68 N. Y.2d 96 (N. Y. 1986), was a court case chiefly concerning subjective and objective standards of reasonableness in using deadly force for self defense; the New York Court of Appeals (the highest court in the state) held that a hybrid objective subjective standard was mandated by New York law. The underlying case, involving the shooting of four black teenagers on a New York subway, was "one of the most controversial cases in recent American history". TOC

In 1961, the New York legislature updated its penal code. The update was spurred in part by the American Law Institute's release of the Model Penal Code—a document meant to inspire changes to state penal codes. Judge Crane adopted that logic in his decision, and an appellate division affirmed his dismissal. Goetz was originally sentenced to six months in jail, one year's psychiatric treatment, five years' probation, 200 hours community service, and a $5,000 fine. However, in November 1988, an appellate court overturned this sentence, finding that the state's gun laws required, at minimum, a one year sentence. Goetz requested that the appellate court overturn the conviction entirely, arguing that the judge's jury instructions improperly discouraged jury nullification, but the appellate division and New York Court of Appeals disagreed. On remand, Judge Crane sentenced Goetz to one year incarceration and a $5,000 fine. Goetz ultimately served eight months. One of the victims of the shooting, Darrell Cabey, who remained paralyzed, sued Goetz, represented by Ron Kuby, who had previously defended Long Island Rail Road mass murderer Colin Ferguson. The jury found in favor of Cabey and awarded him the sum of $18,000,000 in compensatory damages and $25,000,000 in punitive damages. Goetz declared bankruptcy in 1996, freeing himself from an estimated $16m in legal debts, but not from the $43m judgment.