California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a devout environmental activist, discovers that a local factory is illegally dumping toxic waste into a river, severely harming the local ecosystem and community. After repeatedly reporting the activity to authorities with no action taken, the client, believing it is the only way to stop the pollution, sabotages the factory's discharge pipes, causing a temporary shutdown of operations. The client is charged with criminal damage to property. Which of the following defenses is most likely to succeed?
- AMistake of Law, because the client believed their actions were legally justified.
- BNecessity, because the client acted to prevent a greater harm to the environment and public health.
- CDuress, because the client felt compelled to act due to the factory's illegal activities.
- DEntrapment, because the authorities failed to act, implicitly encouraging the client's actions.
Show answer & explanationAnswer & explanation
Correct answer: B. Necessity, because the client acted to prevent a greater harm to the environment and public health.
The defense of necessity, also known as the 'choice of evils' defense, applies when an individual commits a crime to prevent a greater harm. Here, the client's actions, while criminal, were intended to prevent severe environmental damage and health risks caused by the factory's illegal dumping.
Why the other options are wrong
- A. Mistake of law is generally not a valid defense, especially when the defendant knows their actions are illegal, even if they believe them to be morally justified.
- C. Duress involves being forced to commit a crime by another person's threats, which is not the case here.
- D. Entrapment occurs when law enforcement induces an otherwise unwilling person to commit a crime, which did not happen here.
Necessity (Criminal Law)
A defense where a person commits a crime to prevent a greater harm from occurring, often referred to as the 'choice of evils' defense.
- Defendant faced with a choice between two evils and chose the lesser.
- Harm avoided must be greater than the harm caused by the criminal act.
- Defendant must reasonably believe the action was necessary to avoid the harm.
Memory trick: Defend with a choice, or face the law's tough voice.