本文发表在 rolia.net 枫下论坛On December 22, 1984, at approximately 1:00 p.m., Troy Canty, Darryl Cabey, James Ramseur, and Barry Allen boarded an express subway train in the Bronx borough of New York City. The young black men sat in the rear section of their car. A short time later, Bernhard Goetz boarded the same car and took a seat near the youths. Goetz, a white computer technician, had been mugged some two years earlier.

Canty and Allen approached Goetz, and Canty said, "Give me five dollars." Goetz responded by standing up and firing at the youths with a handgun. Goetz fired four shots before pausing. He then walked up to Cabey and reportedly said, "You seem to be all right, here's another," whereupon he fired his fifth and final bullet into Cabey's spinal cord. Goetz had shot two of the youths in the back. Ramseur and Cabey each had a screwdriver, which they said they used to break into coin boxes and video machines.

Goetz fled the scene and traveled north to New Hampshire. On December 31, 1984, he turned himself in to police in Concord, New Hampshire. Goetz was returned to New York where he was indicted on a charge of criminal possession of a weapon. The state fought for a second Grand Jury, and Goetz was eventually indicted a second time on charges of attempted murder, assault, criminal possession of a weapon, and reckless endangerment. At trial Goetz argued that he had acted in self-defense, and a jury convicted him only of illegal gun possession. Ultimately Goetz was sentenced to one year in jail and fined $5,000.

Goetz's shooting of Darryl Cabey left Cabey with brain damage and paralyzed from the chest down. Cabey sued Goetz, and in April 1996, a Bronx jury found Goetz liable for Cabey's injuries and awarded Cabey $43 million.更多精彩文章及讨论，请光临枫下论坛 rolia.net

本文发表在 rolia.net 枫下论坛Generally a person has greater latitude in using physical force in the defense of her dwelling than in the defense of other property. In most jurisdictions deadly force is justified if a person unlawfully enters onto property and the property owner reasonably believes that the trespasser is about to commit a felony or do harm to a person on the premises. Deadly force may also be justified to prevent a Burglary if the property owner reasonably believes the burglar intends to kill or seriously injure a person on the premises. However, a person may not, for example, rig a door handle so that any person who enters the dwelling is automatically shot by a gun. (Katko v. Briney, 183 N.W.2d 657 [Iowa 1971]).

Use of deadly force is never justified to protect Personal Property other than a dwelling. For example, a person would not be justified in shooting a person who is taking an automobile, no matter how expensive. Reasonable nondeadly force may be used to protect such personal property.

A person may use force to defend a third person from attack. If the defender is mistaken, however, and the third party does not need assistance, most jurisdictions hold that the defender may be held liable in civil court for injuries inflicted on the supposed attacker. In criminal cases a defendant would be relieved of liability if she proved she had made a reasonable mistake.

A defendant who successfully invokes self-defense may be found not guilty or not liable. If the defendant's self-defense was imperfect, the self-defense may only reduce the defendant's liability. Imperfect self-defense is self-defense that was arguably necessary but somehow unreasonable. For example, if a person had a Good Faith belief that deadly force was necessary to repel an attack, but that belief was unreasonable, the defendant would have a claim of imperfect self-defense. In some jurisdictions, the successful invocation of such a defense reduces a murder charge to Manslaughter. Most jurisdictions do not recognize imperfect self-defense.更多精彩文章及讨论，请光临枫下论坛 rolia.net