Update from previous posts 1, 2, and 3.
17 activists in southern West Virginia have committed civil disobedience to stop mountaintop removal, believing that it is bad for people, the economy, and the environment, and must be stopped. As of early this afternoon, all 17 are out of jail (but still need help – donate to the legal defense fund!).
Legally speaking, I agree with them. The Necessity Defense is a little known and rarely used approach to ‘crimes’ one was forced to commit. The required elements for a successful Necessity Defense are:
- A defendant was faced with a choice of evils and chose the lesser evil.
- A defendant reasonably anticipated a cause-and-effect relationship between his conduct and the harm avoided.
- A defendant acted to prevent imminent harm.
- There were no legal alternatives to violating the law.
Any legal experts or enthusiasts out there think there might be a case? Coming from Columbus, Ohio, I wonder what OSU President Gordon Gee would think, as he sits on the Board of the corporation responsible for much of this, Massey Energy.
I will be looking into this. I will be representing one of the individuals arrested while protesting. Any info from readers and passionate individuals is welcome. kpd