Criminal Trial
The case was defended by Barry Slotnick and Mark Baker. Slotnick argued that Goetz's actions fell within the New York self-defense statute. Under Section 35.15, "A person may not use deadly physical force upon another person... unless... He reasonably believes that such other person is committing or attempting to commit ."
Goetz was tried before a mainly white Manhattan jury, six of whom had been victims of street crime. He was acquitted of the attempted murder and first-degree assault charges and convicted of criminal possession of a weapon in the third degree – carrying a loaded, unlicensed weapon in a public place. He was sentenced to six months in jail, one year's psychiatric treatment, five years' probation, 200 hours community service, and a fine of $5,000. He appealed, and the appellate court affirmed the conviction and ordered a resentencing for a period of one year in jail without probation. The order of the appellate court was affirmed because the trial court had not erred in instructing the jury that, if it found the People had proved each of the elements of the crime beyond a reasonable doubt, it "must" find the defendant guilty. This was not a directed verdict. Goetz served eight months.
Read more about this topic: Bernhard Goetz
Famous quotes containing the words criminal trial, criminal and/or trial:
“A criminal trial is like a Russian novel: it starts with exasperating slowness as the characters are introduced to a jury, then there are complications in the form of minor witnesses, the protagonist finally appears and contradictions arise to produce drama, and finally as both jury and spectators grow weary and confused the pace quickens, reaching its climax in passionate final argument.”
—Clifford Irving (b. 1930)
“If we are on the outside, we assume a conspiracy is the perfect working of a scheme. Silent nameless men with unadorned hearts. A conspiracy is everything that ordinary life is not. It’s the inside game, cold, sure, undistracted, forever closed off to us. We are the flawed ones, the innocents, trying to make some rough sense of the daily jostle. Conspirators have a logic and a daring beyond our reach. All conspiracies are the same taut story of men who find coherence in some criminal act.”
—Don Delillo (b. 1926)
“A trial cannot be conducted by announcing the general culpability of a civilization. Only the actual deeds which, at least, stank in the nostrils of the entire world were brought to judgment.”
—Albert Camus (1913–1960)