NCJ Number
125870
Journal
Columbia Journal of Law and Social Problems Volume: 22 Issue: 4 Dated: (1989) Pages: 417-443
Date Published
1989
Length
27 pages
Annotation
This article examines the relationship between self-defense and reckless crimes against bystanders under New York law.
Abstract
Under the New York Penal Law, persons authorized to use deadly force to defend themselves are not criminally liable for any resulting injuries to innocent bystanders. Moreover, several New York Court of Appeals decisions indicate that persons acting in self-defense escape liability for all otherwise criminal consequences of their conduct, including recklessly caused injuries to innocent people. In contrast, the Model Penal Code incorporates the common law rule that a person is liable for recklessly or negligently injuring bystanders in the course of exercising a valid right to self-defense. New York strikes an inappropriate balance between the right to self-defense and bystanders' safety. The privilege of self-defense should protect both an individual's interest in using deadly force when necessary and the right of bystanders to an appropriate degree of care. Holding self-defenders liable for reckless offenses against third parties sufficiently balances these competing concerns. 151 footnotes