California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawEasy
A client, a devout environmental activist, discovers that a local factory is illegally dumping toxic waste into a river, causing significant ecological damage. Despite reporting it to authorities multiple times with no action taken, the dumping continues. Desperate to stop the pollution, the activist breaks into the factory at night and disables the machinery responsible for the illegal dumping. The activist is charged with criminal trespass and vandalism. Which of the following defenses is most likely to succeed?
- ANecessity, because the activist's actions prevented a greater harm.
- BDuress, because the activist felt compelled to act due to the environmental threat.
- CMistake of Law, because the activist believed their actions were legally justified.
- DEntrapment, because the authorities failed to act, implicitly encouraging the activist's intervention.
Show answer & explanationAnswer & explanation
Correct answer: A. Necessity, because the activist's actions prevented a greater harm.
The defense of necessity allows an individual to commit a crime to prevent a greater harm. Here, the activist's actions, while illegal, were aimed at preventing ongoing environmental damage, which is a greater harm than trespass and vandalism.
Why the other options are wrong
- B. Duress requires a threat of immediate death or serious bodily harm from another person, which is not present here.
- C. Mistake of law is generally not a defense unless the law itself is obscure or the mistake negates a required mens rea, neither of which applies.
- D. Entrapment occurs when law enforcement induces an otherwise unwilling person to commit a crime, which did not happen in this scenario.
Necessity (Criminal Law)
A defense that justifies a criminal act if it was committed to prevent a greater harm, provided certain conditions are met.
- The defendant must reasonably believe the act was necessary to avoid an imminent harm.
- The harm avoided must be greater than the harm caused by the defendant's actions.
- The defendant must not have created the situation necessitating the choice.
- Usually not available for homicide.
Memory trick: Defend your actions when facing a necessary choice.