When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence.
Implications Under Article 20 of New York Penal Law
While the condemnation of a victim is not a viable defense, the implications for Bluto and his obligations under Article 20 deserves exploration. Just as Duty of Retreat applied to Popeye and Olive, it likewise applied to Bluto, as he had the opportunity, and indeed a legal obligation, to walk away from the dispute, and if he did so, the outcome would have been quite arguably different.
For everyone involved, the obligations of conduct under Article 20 are clear; simply put, the incident should never have been inflated to the point that it ultimately was.
Legal Precedence
Perhaps the most famous real life legal case in New York history was that of People v. Goetz, which involved the shooting of four New York teens on a subway train by Bernard Goetz, a seemingly innocuous man who happened to be carrying a loaded firearm, which he used in order to shoot his would-be muggers (Fletcher, 1998). This case parallels the "Popeye Case" in several key areas; first, Duty of Retreat was at least theoretically an obligation of Goetz. When he was confronted by the teens on the subway, he had an obligation under the law to try to flee from the aggressors; instead, he made a conscious choice to use deadly force against them. On the other hand, however, Defense of Justification also could have value in the consideration of the Goetz case in that if he did in fact have no other choice but using force as a means of protecting himself and ultimately saving his own life, then he truly had no choice but to defend himself in a violent manner. In regard to the real life case of Bernard Goetz, he was eventually convicted of wrongdoing in the actions that he took on that New York subway, and whether he was right...
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