Race and the Doctrine of Self-Defense: The Role of Race in Determining the Proper Use of Force to Protect Oneself

4 Touro J. of Race, Gender, & Ethnicity 30 (2009)

Touro Law Center Legal Studies Research Paper

16 Pages Posted: 27 Oct 2013

See all articles by Richard Daniel Klein

Richard Daniel Klein

Touro University - Jacob D. Fuchsberg Law Center

Date Written: 2009

Abstract

A valid and appropriate use of self-defense justifies the use of force against another, even when such force results in death. But the force used must have been absolutely necessary to protect oneself, it cannot have been used as a form of self-help or as a display of vindictiveness to retaliate against an individual who may be standing as a symbol for a group that has treated an individual in negative, hostile ways in the past.

The Goetz and White cases discussed in this article were intriguing because they present such critical challenges to the standard that ought to be used in determining whether an individual has acted reasonably in using deadly physical force to defend oneself. The crucial issue of race, especially when used to justify the use of armed force in self-defense, makes the resolution of the issues presented in this article all the more complex and all the more compelling.

Keywords: Race, self defense, self-defense, Bernhard Goetz, Bernie Goetz, Goetz, People v. Goetz, New York, subway, justify, justification, use of force, necessity defense, model penal code, force, immediately necessary, imminent danger, imminent threat, vigilante, justification defense, use of physical force

Suggested Citation

Klein, Richard Daniel, Race and the Doctrine of Self-Defense: The Role of Race in Determining the Proper Use of Force to Protect Oneself (2009). 4 Touro J. of Race, Gender, & Ethnicity 30 (2009), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2341704

Richard Daniel Klein (Contact Author)

Touro University - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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