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This book is about more than just the trial of Bernhard Goetz. Within this book you will find the main contending theories of self- defense as they are expressed in various forms throughout the legal landscape. The important part of reading this book is being able to highlight the four main theories of self-defense, and the four elements that attach to those theories.There are four conflicting theories of self-defense. Within these four conflicting theories, there is also four weighting elements that provide the general framework for the law of self defense. The four elements are intention, proportionality, necessity, and imminence (Fletcher 26). The four elements make up the strength and weaknesses of each theory of self-defense.The first theory is that self-defense is a form of privately inflicted punishment that is just. In this model of self-defense the elemental requirements that a threat is imminent and that the reaction was necessary, are extremely loose. In addition, the proportionality of defense is questionable. As an example, the crime of rape can be defended by killing the aggressor. However, the crime of rape is not punishable by death under the law. This undermines the proportionality requirement of the theory. The benefit, under this model, is that the defender gets to dish out justice. The second model of self-defense treats it as an excuse, based on the defendants uncontrollable reaction to fear. This defense is sometimes called the “cornered animal defense”. This theory has its roots in English law from the 13th to the 16th century, when it was called se defendendo (Fletcher 30). Under this theory of self-defense, the killing of another person is still homicide, but it is justifiable in that, if we were caught in the same circumstances, we would have acted the same way (Fletcher 30). This theory relies heavily on the issues of necessity and imminence, but loosens the requirement of proportionality. Under this defense, before using violence, it is a requirement that there are no other options but violence.The third model of self-defense holds it as an “individualist” justification. Under this theory, an individual has a right to “stand their ground” against an aggressor that is in the wrong. This model changes the excusable theory held in se defendendo, to a justifiable criteria. Under the most extreme versions of this model of self-defense, the proportionality requirement is dropped completely in favor of the belief that, any encroachment on an individual requires vindication. This theory also relaxes the requirements of necessity and imminence. It is this third model of self-defense the Goetz lawyer, Slotnick, invoked in the defenses opening statement when he stated:“17249o one can ever take away your inalienable right to protect your property or your life or your family. No one can walk up to me and say,“give me that watch,” “give me your ring,” “give me five dollars.” And if they do, heaven help them if Im armed, because I know what the law allows.” (Slotnick qtd. in Fletcher 33).The fourth theory of self-defense, much like the third one, is also a justification theory, but this one is the “social” version. Under the extreme version of the “individualist” theory of self-defense, proportionality is completely rejected. Under the “social” theory of self-defense, the proportionality element is given the most weight (Fletcher 33). Under this theory, humans are treated as interdependent, cooperating members of society that seek mutual advantage, as such, the defender must consider the aggressor as a human being, and not merely as an intrusive force (Fletcher 34). In the trial of Bernhard Goetz, his attorney, Barry Slotnick, relied on an interweaving of all the theories except for the “social” justification. During the trial, if the focus turned towards Goetz fear of the Troy Canty, Barry Allen, James Ramseur, and Darrel Cabey, then Slotnick would rely on the second model of self-defense, treating Goetz response as an excuse (Fletcher 36). If the focus turned toward emphasizing Goetz right not to surrender his property (money), then the arguments would turn toward the “individualist” theory of self-defense (Fletcher 36). Perhaps the most relied upon theory of self-defense in the Goetz trial was the first theory. This relied heavily on the oft repeated phrase by Slotnick, and witnesses, in that “they got what they deserved”. By using this phrase often and repeatedly, the defense made an appeal to imminence and necessity that they wanted the jury to believe Goetz acted within. By placing the emphasis on Goetz fears, the defense was able to appeal to the emotions of the jury (Fletcher 37).Given the difficulties found in the various theories, I would suggest a proportionality justification based on forced consequences. This justification on forced consequences would hold that both the defender, and the aggressor, have an absolute unconditional and unqualified right not to be killed. Using parts of all four theories, and combining them equally with the elements of intention, proportionality, necessity, and imminence, this forced justification would help unravel responses to distinct situation. I would treat each case as separately and distinct from previous cases, and not rely on precedence. I strongly believe that each act of self-defense is distinct, and cannot be equally compared to one another. However, the importance of the elements of self-defense should each be considered when determining the right or wrong of the action.
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