Citation. 971 F.2d 193,1992 U.S. App. 17598, 92 Daily Journal DAR 10820.
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The Defendants, Gregory Schoon, Raymond Kennon, Jr., and Patricia Manning (Defendants), were convicted of obstructing activities of the Internal Revenue Service (IRS) and failing to comply with an order of a federal police officer. They unsuccessfully attempted a necessity defense claiming their protests were necessary to avoid further bloodshed in El Salvador due to America’s involvement there.
Synopsis of Rule of Law.
The necessity defense is inapplicable to a case involving indirect civil disobedience.
Facts.
The Defendants, among others, entered the IRS office in Tucson, AZ, where they chanted, “keep America’s tax dollars out of El Salvador,” splashed fake blood all over the office, and generally obstructed operations. A federal police officer ordered the group to disperse or face arrest and when they did not disperse, the Defendants were arrested.
Issue.
Is the necessity defense precluded as a matter of law in cases involving indirect civil disobedience?
Held.
Yes. The necessity defense requires a showing that (1) the defendants were faced with a choice of evils and chose the least evil choice; (2) the defendants acted to prevent imminent harm; (3) the defendants reasonably anticipated a direct causal relationship between their conduct and the harm to be averted and (4) the defendants had no legal alternatives to violating the law. The Defendants’ actions here fell well short of that required to prove a necessity defense. In fact, the Defendants could prove none of these elements.
Concurrence.
The necessity defense should not be grounded on utilitarian theory alone, but rather on a concept of what is right and proper conduct under the circumstances.
Discussion.
The defense of necessity requires (1) a balance of harms; (2) a causal relationship between criminal conduct and harm to be averted and (3) a lack of legal alternatives.
