Defenses

In this assignment, we will explore defenses by focusing on the most important justification for criminal conduct: self-defense. In the abstract, self-defense law is pretty simple: when a “bad guy” attacks a “good guy,” the “good guy” should be able to defend himself. In reality, though, self-defense is much more complicated, because it’s often not clear who’s the good guy and who’s the bad guy. In addition, sometimes “good guys” make mistakes and kill other “good guys.”

We will use the Peterson case to explore the basics of self-defense doctrine, as well as the complexities involving “initial aggressors” and the “retreat rule.” We will then use the infamous case of Bernie Goetz to once again explore objective and subjective approaches to “reasonableness”—the same issue we confronted with manslaughter law. Although Bernie Goetz was a civilian, his case will provide us with a doctrinal lens through which to consider police killings of unarmed civilians and the role that race plays in those killings. Finally, we’ll consider whether self-defense doctrine should make special accommodation for battered women.